| People v Billups |
| 2009 NY Slip Op 04435 [63 AD3d 750] |
| June 2, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Billups, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and BarbaraKornblau of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Gulotta, J.),rendered July 12, 2007, convicting him of criminal sale of a controlled substance in the thirddegree and criminal possession of a controlled substance in the seventh degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
To the extent that the defendant contends that he was improperly found to have violated theplea agreement because the sentencing court failed to hold a hearing with respect to thecircumstances surrounding his discharge from the Treatment Alternatives to Street Crimeprogram, that contention is unpreserved for appellate review since the defendant did not requesta hearing or move to withdraw his plea (see People v Covington, 28 AD3d 575 [2006]; see also People v Kitchens, 46 AD3d577 [2007]; People v Garner,18 AD3d 669 [2005]). In any event, since the defendant failed to dispute the fact that he wasdischarged from the program or the circumstances which led to that discharge, the County Courtwas not obligated to conduct a more formal inquiry than it did here (see People v Chiclana, 21 AD3d823 [2005]; see also People vHuggins, 45 AD3d 1380 [2007]). Moreover, since the defendant pleaded guilty with theexpress understanding that if he failed to successfully complete the program, the court wouldimpose the enhanced sentence of [*2]which he now complains,he has "no basis now to complain that his sentence was excessive" (People v Kazepis,101 AD2d 816, 817 [1984]; see People v Martinez, 286 AD2d 447 [2001]; People vAllen, 269 AD2d 534 [2000]). Rivera, J.P., Dillon, Covello, Eng and Hall, JJ., concur.