| People v Emma |
| 2012 NY Slip Op 09081 [101 AD3d 1146] |
| December 26, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Salvatore Emma, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneGrady of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini,J.), rendered June 11, 2010, convicting him of course of sexual conduct against a child in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant pleaded guilty in exchange for the Supreme Court's conditional promise that itwould impose the agreed-upon sentence. The court, however, carefully explained to thedefendant the consequences if he were to violate the plea conditions. The defendant nonethelessviolated a condition of the plea agreement, as the court found after conducting a hearing, and thecourt imposed an enhanced sentence. Although the defendant contends on appeal that the courtabused its discretion by imposing an enhanced sentence, his claim, properly viewed, amounts to arequest that we substitute our discretion for that of the court (see People v Suitte, 90AD2d 80, 86 [1982]). The defendant's valid waiver of his right to appeal forecloses a claim thatthe court improvidently exercised its discretion in imposing an enhanced sentence (see Peoplev Miles, 268 AD2d 489, 490 [2000]). Skelos, J.P., Balkin, Chambers and Miller, JJ., concur.