PEOPLE v. BARNES (2007)

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 28, 2005, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of 2 years, unanimously affirmed.

Defendant's claim that the court conducted an insufficient inquiry as to whether he violated the terms of his plea agreement is unpreserved (see e.g. People v. Darcy, 34 A.D.3d 230, 823 N.Y.S.2d 77 [2006], lv. denied 8 N.Y.3d 879, 832 N.Y.S.2d 491, 864 N.E.2d 621 [2007];  People v. Delgado, 14 A.D.3d 449, 788 N.Y.S.2d 370 [2005], lv. denied 4 N.Y.3d 853, 797 N.Y.S.2d 427, 830 N.E.2d 326 [2005] ), and we decline to review it in the interest of justice.   Were we to review this claim, we would find that after a sufficient inquiry into defendant's explanation for his departure from a rehabilitation program, the sentencing court properly determined that defendant violated his plea agreement by leaving the program without permission and failing to return (see People v. Outley, 80 N.Y.2d 702, 712, 594 N.Y.S.2d 683, 610 N.E.2d 356 [1993] ).