People v. Barnes

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered September 26, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree and sentencing him, as a second felony offender, to a term of to 7 years, unanimously affirmed.

The court properly exercised its discretion in determining *517that defendant’s admitted violation of his plea agreement, by-leaving a drug program without permission, disqualified him for the promised dismissal of the indictment. Defendant failed to preserve his claim that he was constitutionally…