The PEOPLE of the State of New York, Respondent, v. Luz RIVERA, Defendant-Appellant.
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 ; People v. Jiminez, 307 A.D.2d 880, 763 N.Y.S.2d 751  ).