Opinion
01-01547
Submitted May 6, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered February 14, 2001, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Bonnie B. Goldburg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.
DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal does not preclude review of his contention that the sentencing court erred in determining that he violated the conditions of his plea agreement (see People v. Saad, 286 A.D.2d 782, lv denied 97 N.Y.2d 733; People v. Miles, 268 A.D.2d 489). However, the defendant's contention is unpreserved for appellate review because he never objected to the sentence on this ground, and did not move to withdraw his plea or vacate the judgment (see People v. Brown, 280 A.D.2d 485; People v. Churby, 277 A.D.2d 393; People v. Pike, 276 A.D.2d 649; People v. James, 239 A.D.2d 243). In any event, the record demonstrates that the defendant violated the terms of his plea agreement by failing to fully comply with the requirements of the Treatment Alternatives to Street Crime program.
RITTER, J.P., KRAUSMAN, FRIEDMANN and LUCIANO, JJ., concur.