Opinion
February 24, 2000
Judgment, Supreme Court, New York County (George Roberts, J.), rendered December 14, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Kristin A. Kirk for the Respondent.
Daniel A. Warshawsky for the Defendant-Appellant.
SULLIVAN, P.J., NARDELLI, WALLACH, LERNER, BUCKLEY, JJ.
The present record clearly establishes that defendant forfeited the benefit of his original plea bargain where, in contravention of that bargain, he departed a court-ordered drug rehabilitation program after one day, voluntarily and against the advice of the program's clinical staff (compare, People v. Grant, 243 A.D.2d 358, 359). Defendant has not shown that he is prejudiced by the absence of missing minutes (see, People v. Dunbar, 240 A.D.2d 275, 276, lv denied, 90 N.Y.2d 892).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.