| People v Barnes |
| 2007 NY Slip Op 09954 [46 AD3d 375] |
| December 18, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DavidBarnes, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 28,2005, convicting defendant, upon his plea of guilty, of assault in the second degree, andsentencing him to a term of two years, unanimously affirmed.
Defendant's claim that the court conducted an insufficient inquiry as to whether he violatedthe terms of his plea agreement is unpreserved (see e.g. People v Darcy, 34 AD3d 230[2006], lv denied 8 NY3d 879 [2007]; People v Delgado, 14 AD3d 449 [2005], lv denied 4 NY3d853 [2005]), and we decline to review it in the interest of justice. Were we to review this claim,we would find that after a sufficient inquiry into defendant's explanation for his departure from arehabilitation program, the sentencing court properly determined that defendant violated his pleaagreement by leaving the program without permission and failing to return (see People vOutley, 80 NY2d 702, 712 [1993]). Concur—Tom, J.P., Friedman, Williams,McGuire and Kavanagh, JJ.