| People v Kitchens |
| 2007 NY Slip Op 09606 [46 AD3d 577] |
| December 4, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Kitchens, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burkaof counsel; Lauren Husbands on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.),rendered January 30, 2006, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's general waiver of his right to appeal does not foreclose review of hiscontention that he was denied his right to due process when the sentencing court failed to hold ahearing into the circumstances surrounding his failure to complete a drug treatment program (see People v Garner, 18 AD3d 669[2005]; People v Stowe, 15 AD3d597 [2005]; People v Owens, 294 AD2d 603 [2002]). However, this issue isunpreserved for appellate review because the defendant neither requested a hearing nor moved towithdraw his plea (see People vCovington, 28 AD3d 575 [2006]; People v Garner, 18 AD3d 669 [2005]; People v Stowe, 15 AD3d 597[2005]; People v Delgado, 14 AD3d449 [2005]; People v Owens, 294 AD2d 603 [2002]). In any event, the courtconducted an inquiry sufficient to determine that the defendant violated the plea agreement byleaving a drug treatment program after admittedly engaging in an argument with another resident(see People v Covington, 28 AD3d575 [2006]; People v Garner,18 AD3d 669 [2005]; see alsoPeople v Valencia, 3 NY3d 714 [2004]; cf. Torres v Berbary, 340 F3d 63[2003]).
The defendant's remaining contention is without merit. Krausman, J.P., Fisher, Angiolilloand Balkin, JJ., concur.