| People v Shoman |
| 2010 NY Slip Op 04822 [74 AD3d 843] |
| June 1, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Mohammed Shoman, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'HaraGillespie of counsel; Xiaobo Chen on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango,J.), rendered December 19, 2007, convicting him of burglary in the second degree and petitlarceny, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record is insufficient to demonstrate that the defendant knowingly, voluntarily, andintelligently waived his right to appeal (see People v DeSimone, 80 NY2d 273, 283[1992]; People v Gladden, 267 AD2d 400 [1999]; People v Dongo, 244 AD2d353 [1997]). However, since the defendant pleaded guilty with the express understanding that ifhe failed to complete a drug treatment program, the Supreme Court would impose the enhancedsentence of which he now complains, he has no basis to now complain that his sentence wasexcessive (see People v Williams,70 AD3d 733 [2010]; People vBillups, 63 AD3d 750 [2009]; see also People v Kazepis, 101 AD2d 816[1984]). In any event, under the circumstances, the sentence imposed was not excessive (seePeople v Suitte, 90 AD2d 80 [1982]). Fisher, J.P., Dickerson, Eng and Belen, JJ., concur.