PEOPLE v. RIVERA (2006)

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

The PEOPLE of the State of New York, Respondent, v. Luz RIVERA, Defendant-Appellant.

Decided: September 26, 2006

BUCKLEY, P.J., SAXE, WILLIAMS, SWEENY, MALONE, JJ.

Steven Banks, The Legal Aid Society, New York (Beth S. Lyons of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Andrew S. Holland of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John P. Collins, J.), rendered March 31, 2005, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

After conducting a hearing, the court properly imposed an enhanced sentence based upon defendant's violation of the terms of a plea agreement that required her to complete a drug treatment program. The evidence established that defendant was placed in a suitable program, and that her failure to abide by the plea agreement was entirely within her control (compare People v. Feliciano, 14 A.D.3d 308, 787 N.Y.S.2d 281 [2005]; People v. Jiminez, 307 A.D.2d 880, 763 N.Y.S.2d 751 [2003] ).

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