| People v Fleming |
| 2008 NY Slip Op 03519 [50 AD3d 1390] |
| April 24, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v OthneilFleming, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), renderedSeptember 30, 2005, convicting defendant upon his plea of guilty of the crime of criminalpossession of a controlled substance in the fifth degree.
Waiving his right to appeal, defendant pleaded guilty to criminal possession of a controlledsubstance in the fifth degree, with the understanding that he would be sentenced to 2½ to 5years in prison. At the time of the plea, County Court informed defendant that an enhancedsentence of 3½ to 7 years in prison could be imposed if he did not abide by the conditionsof the plea agreement, which included cooperating with the presentence investigation andappearing in court on the scheduled date of sentencing. Defendant admittedly failed to complywith those conditions and, thus, County Court sentenced him to an enhanced term of 3 to 6 yearsin prison. The court also informed defendant that his waiver of the right to appeal did not bar achallenge to his sentence. Defendant now appeals, challenging the imposition of the enhancedsentence.
Inasmuch as the conditions of the plea agreement—which defendant admittedlyviolated—did not contravene statutory provisions or public policy, and County Courtinformed defendant during the plea colloquy of the maximum potential sentence fornoncompliance with the conditions, we cannot say that the court erred in imposing an enhancedsentence (see People v Figgins, 87 NY2d 840, 841 [1995]; People v Terrell, 41 AD3d 1044,1045 [2007]; see also People v Hicks, 98 NY2d 185, 188-189 [2002]). Moreover, in ourview, the sentence imposed [*2]was not harsh and excessive.Accordingly, we affirm.
Mercure, J.P., Peters, Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the judgmentis affirmed.