PEOPLE v. CASEY (2006)

Defendant appeals from an adjudication upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [4] ).   Defendant failed to preserve for our review his contention with respect to the alleged impropriety of the sentence (see People v. Rhymer, 3 A.D.3d 315, 316, 769 N.Y.S.2d 879, lv. denied 2 N.Y.3d 745, 778 N.Y.S.2d 470, 810 N.E.2d 923;  People v. Holmes, 306 A.D.2d 889, 760 N.Y.S.2d 920, lv. denied 100 N.Y.2d 621, 767 N.Y.S.2d 404, 799 N.E.2d 627) and, in any event, his contention is without merit.   The plea agreement provided that defendant would be sentenced to “possible alternatives to incarceration, possibly community service and drug and alcohol related alternatives, along with five years probation ․” Thereafter, defendant signed an agreement to enter the Drug and Alcohol Treatment Court.   The agreement expressly provided that, if defendant was terminated from the program based upon unsatisfactory performance, he would be sentenced to a term of incarceration of 1 1/313 to 4 years.   Thus, County Court properly sentenced defendant to a term of incarceration of 1 1/313 to 4 years when defendant failed to complete the program (see generally People v. Valencia, 3 N.Y.3d 714, 786 N.Y.S.2d 374, 819 N.E.2d 990;  People v. Milner, 28 A.D.3d 873, 874, 812 N.Y.S.2d 197;  Rhymer, 3 A.D.3d at 316, 769 N.Y.S.2d 879).

It is hereby ORDERED that said adjudication be and the same hereby is unanimously affirmed.

MEMORANDUM: