People v Carson
2006 NY Slip Op 00308 [25 AD3d 454]
January 19, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 22, 2006


The People of the State of New York, Respondent,
v
Joseph Carson, Appellant.

[*1]

Judgment, Supreme Court, Bronx County (David Stadtmauer, J., at plea; John P. Collins, J., at sentence), rendered September 4, 2003, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 21/3 to 7 years, unanimously affirmed.

Since defendant did not contest the allegation that he had violated his plea agreement, nor offer any excuse therefor, and did not request a hearing, the court was not obligated to conduct any further inquiry, and it properly imposed the enhanced sentence provided for in the agreement (see People v Valencia, 3 NY3d 714 [2004]). Concur—Tom, J.P., Marlow, Williams, Sweeny and Malone, JJ.