| People v Mercado |
| 2012 NY Slip Op 08338 [101 AD3d 755] |
| December 5, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MitchJoe Mercado, Also Known as Mitch Mercado, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), forrespondent.
Appeals by the defendant from two judgments of the County Court, Suffolk County(Braslow, J.), both rendered February 9, 2011, convicting him of grand larceny in the third degreeunder indictment No. 67-10, upon his plea of guilty, and imposing sentence, and grand larceny inthe third degree under superior court information No. 1503-10, upon his plea of guilty, andimposing sentence.
Ordered that the judgments are affirmed.
The People correctly argue that the defendant's challenge to his enhanced sentences, whichthe County Court imposed because the defendant violated his plea agreements, is unpreserved forappellate review (see People vScoca, 38 AD3d 801 [2007]). In any event, the court providently exercised its discretionin imposing enhanced sentences, because the defendant violated the terms of the plea agreementsby assaulting his girlfriend during the period between when his pleas were entered and the timewhen the sentences were imposed (seePeople v Whaley, 74 AD3d 1641, 1642 [2010]; People v Guerra, 291 AD2d410, 411 [2002]).
The defendant received the effective assistance of counsel (see People v Benevento,91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Dillon, J.P., Hall, Romanand Cohen, JJ., concur.