People v Brazier
2012 NY Slip Op 00024 [91 AD3d 431]
January 5, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Jeffrey Brazier, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Marc Weber of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered May 6, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 10 years, unanimously affirmed.

Regardless of whether defendant validly waived his right to appeal, his claim that the court should have conducted a hearing on the extent of his compliance with his plea agreement is unpreserved, and we decline to review it in the interest of justice. We find that the court made a thorough inquiry, including giving defendant an opportunity to explain what happened, and then appropriately imposed an enhanced sentence. Under the terms of the agreement, defendant's inadequate compliance exposed him to an even longer sentence than the court actually imposed. Concur—Gonzalez, P.J., Friedman, Moskowitz, Acosta and Richter, JJ.