Opinion
October 28, 1999
Judgment, Supreme Court, New York County (Bruce Allen, J.).
Defendant's claim that his sentence to the minimum term authorized by law was unconstitutional is unpreserved, and we decline to review it in the interest of justice. Were we to review it, we would find that the sentence, imposed after defendant failed to complete a residential drug treatment program pursuant to his plea agreement, does not rise to the "gross disproportionality violative of constitutional limitations" (People v. Broadie, 37 N.Y.2d 100, 111).
SULLIVAN, J.P., TOM, RUBIN, SAXE, BUCKLEY, JJ.