The People, etc., respondent, v. Joseph Catanzaro, appellant. (2018)

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

The People, etc., respondent, v. Joseph Catanzaro, appellant.

2016–01970 2016–01971 (Ind.Nos. 1380 /13, 9958 /13)

Decided: January 31, 2018

CHERYL E. CHAMBERS, J.P. L. PRISCILLA HALL COLLEEN D. DUFFY BETSY BARROS, JJ.

Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel;  Aleena R. Peerzada and Daniel Morales on the brief), for respondent. The defendant pleaded guilty to two counts of burglary in the second degree under two separate indictments in exchange for the Supreme Court's promise that, if the defendant successfully completed a substance abuse treatment program, the indictments would be dismissed.  The court explained that, if the defendant violated the terms of the plea agreement, he would be sentenced to two concurrent determinate terms of imprisonment of 10 years, to be followed by 5 years of postrelease supervision.  After he was discharged from his fourth substance abuse treatment facility for having obtained a controlled substance on a prescription not through an affiliate of the substance abuse treatment center, the court conducted an inquiry as to whether there were legitimate bases for the defendant ‘s discharges from the drug treatment programs, and whether the information supplied to the court was reliable and accurate (see People v Fiammegta, 14 NY3d 90, 98;  People v Rivera, 32 AD3d 446, 446).  Upon finding, among other things, that the bases for the discharges were legitimate, the court declined the defendant's request for a further opportunity for drug treatment, and sentenced the defendant to two concurrent determinate terms of imprisonment of seven years, to be followed by five years of postrelease supervision.