| People v Ephram |
| 2008 NY Slip Op 00360 [47 AD3d 497] |
| January 22, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v TerryEphram, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Darcel D. Clark, J., at plea; Seth L. Marvin, J., atsentence), rendered April 28, 2006, convicting defendant, of criminal possession of a controlledsubstance in the third degree, and sentencing him, as a second felony offender, to a term of4½ to 9 years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal, which forecloses review of his claimthat, even after he undisputedly violated his plea agreement by misconduct at, or abscondingfrom, two drug programs, the court should have exercised its discretion to give him a chance toenter a third program or directed a more thorough evaluation of his eligibility for such a program(see People v Wilson, 11 AD3d206 [2004], lv denied 3 NY3d 743 [2004]). In any event, the court properlyexercised its discretion when it imposed sentence pursuant to the plea agreement, withoutordering a full mental health evaluation in order to determine whether defendant meritedplacement in a drug program more suited to his alleged psychiatric condition, since there isnothing in the record to support defendant's assertion that he had any psychiatric backgroundwarranting such an evaluation. Concur—Lippman, P.J., Saxe, Nardelli, Williams andMoskowitz, JJ.