People v. Viera

Defendant did not preserve his claim that his sentence violated his plea agreement (see e.g. People v Taylor, 5 AD3d 333 [2004], lv denied 3 NY3d 648 [2004]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.

At the time of the plea, the court warned defendant that he was subject to a sentence of eight years if he “absconded” or *510“ran away” from a drug treatment program, but only five years if he merely failed to complete the program. It is undisputed that defendant left a program without permission. Although defendant was not…