| People v Miller |
| 2011 NY Slip Op 00039 [80 AD3d 451] |
| January 6, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Vincent Miller, Appellant. |
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Judgment, Supreme Court, New York County (Renee A. White, J., at plea; Ronald Zweibel, J., at
sentence), rendered June 18, 2009, as amended July 8, 2009, convicting defendant of burglary in the
third degree, and sentencing him to a term of 2
The requirements of due process were satisfied when the sentencing court conducted a thorough inquiry into the facts with respect to whether defendant absconded from a drug treatment program in violation of his plea agreement, and provided defendant with a reasonable opportunity to present his explanations, which the court properly rejected (see People v Barnes, 72 AD3d 516 [2010], lv denied 15 NY3d 747 [2010]).
We also perceive no basis for reducing the sentence as a matter of discretion in the interest of justice. Concur—Saxe, J.P., Friedman, McGuire, Abdus-Salaam and RomÁn, JJ.