| People v Rodriguez |
| 2007 NY Slip Op 09921 [46 AD3d 356] |
| December 18, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DavidRodriguez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., at plea; Seth L. Marvin, J., atsentence), rendered May 19, 2006, convicting defendant of criminal sale of a controlledsubstance in the third degree, and sentencing him to a term of 3½ years, unanimouslyaffirmed.
Defendant made a valid waiver of his right to appeal, which forecloses review of his presentclaim that the court should have exercised its discretion to give him a second chance to completedrug treatment, notwithstanding his conceded violation of his plea agreement (see People v Wilson, 11 AD3d206 [2004], lv denied 3 NY3d 743 [2004]). Were we to find otherwise, we wouldfind that the court properly exercised its discretion, especially since defendant immediatelyabsconded after being directed to enter a drug program, and was also arrested and convicted of anew crime (see People v Valles, 21AD3d 855 [2005], lv denied 6 NY3d 760 [2005]). Concur—Mazzarelli, J.P.,Saxe, Marlow, Catterson and Malone, JJ.