Opinion
January 12, 1999.
Appeal from the Supreme Court, New York County (Arlene Silverman, J.).
Contrary to the determination of the motion court, imposition of the minimum statutory sentence for an A-1 felony upon this defendant, who concededly violated the terms of a cooperation agreement entered into at the plea allocution, is not unconstitutional ( see, People v. Thompson, 83 N.Y.2d 477, 480; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). We reject the contention that defendant's post-pleading injury, a gunshot wound that most likely resulted from a resumption of his drug-related associations, outweighed his failure to comply with the terms of his plea. We have carefully reviewed defendant's remaining contentions and find them to be without merit.
Motion for reargument granted to the further extent of recalling and vacating the decision and order of this Court entered on February 19, 1998 ( 247 A.D.2d 282) and substituting a new decision and order therefor.
Concur — Sullivan, J.P., Williams, Wallach, Rubin and Tom, JJ.