PEOPLE v. VALLES (2005)

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

The PEOPLE of the State of New York, Respondent, v. Gabriel VALLES, Defendant-Appellant.

Decided: September 29, 2005

FRIEDMAN, J.P., SULLIVAN, NARDELLI, GONZALEZ, SWEENY, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Eli R. Koppel of counsel), for respondent.

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered June 22, 2004, convicting defendant, upon his plea of guilty, of attempted 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.

The court properly exercised its discretion in declining to give defendant a second chance to complete a drug treatment program after he originally absconded, in direct violation of the terms of his agreement and with the express understanding that if he did so he would be sentenced to 4 1/212 to 9 years. Defendant's constitutional argument is unpreserved (see People v. Ruz, 70 N.Y.2d 942, 943, 524 N.Y.S.2d 668, 519 N.E.2d 614 [1988]; People v. Ingram, 67 N.Y.2d 897, 899, 501 N.Y.S.2d 804, 492 N.E.2d 1220 [1986] ), and we decline to reach it in the interest of justice. Were we to reach this claim, we would reject it.

We perceive no basis for reducing the sentence.

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