Opinion
128 116/12.
02-04-2016
The PEOPLE of the State of New York, Respondent, v. Steve MATOSEVIC, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Leila N. Tabbaa of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Leila N. Tabbaa of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered November 14, 2013, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3 ½ years, unanimously affirmed.
The court properly determined that defendant had violated his plea agreement and had thus forfeited the opportunity for a more lenient disposition. Aside from being expelled from a drug treatment program, defendant violated the no-arrest condition of his agreement. Since defendant did not dispute the validity of the new arrests, and since they constituted a proper basis for the court's finding of noncompliance, it was unnecessary for the court to inquire into defendant's complaints about the suitability of the program and the circumstances of his termination (see generally People v. Valencia, 3 N.Y.3d 714, 786 N.Y.S.2d 374, 819 N.E.2d 990 2004 ).
TOM, J.P., FRIEDMAN, SWEENY, ACOSTA, ANDRIAS, JJ., concur.