PEOPLE v. WILSON (2004)

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

The PEOPLE of the State of New York, Respondent, v. Fuquan WILSON, Defendant-Appellant.

Decided: October 05, 2004

BUCKLEY, P.J., MAZZARELLI, SAXE, ELLERIN, GONZALEZ, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (David Rong of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J. at plea; John Collins, J. at sentence), rendered April 1, 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 made a valid waiver of his right to appeal (see People v. Moissett, 76 N.Y.2d 909, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ). That waiver forecloses review of his present claim that, even after he concededly violated his plea agreement by absconding from a drug program, the court should have exercised its discretion to give him another chance to complete drug treatment (see People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ). In any event, were we to find otherwise, we would find that the court properly exercised its discretion.

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