PEOPLE v. MORALES (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Eddie MORALES, Defendant-Appellant.

Decided: May 03, 2005

SULLIVAN, J.P., ELLERIN, GONZALEZ, SWEENY, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Cheryl P. Williams of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William C. Donnino, J. at plea; John N. Byrne, J. at sentence), rendered February 20, 2003, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

Defendant's claim that the court erred in imposing a prison sentence is unpreserved and we decline to review this claim in the interest of justice. Were we to review this claim, we would find that the enhanced sentence was proper since it was sufficiently established that defendant violated his plea agreement by failing to appear for a court appearance and failing to participate in the required drug program (see People v. Avery, 85 N.Y.2d 503, 507-508, 626 N.Y.S.2d 726, 650 N.E.2d 384 [1995] ). Notably, defendant did not dispute the violations or request a hearing.

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