People v Wachtel

2014 NY Slip Op 03309 [117 AD3d 1203]

May 8, 2014

Appellate Division, Third Department

As corrected through Wednesday, July 2, 2014

[*1]

The People of the State of New York, Respondent, vEugene Wachtel, Appellant.

Bruce D. Lennard, Guilderland, for appellant.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.

Peters, P.J. Appeal from a judgment of the County Court of Schenectady County(Drago, J.), entered March 15, 2013, convicting defendant upon his plea of guilty of thecrime of grand larceny in the third degree.

Pursuant to a negotiated plea agreement, defendant pleaded guilty to grand larceny inthe third degree and waived his right to appeal with the understanding that if hesuccessfully completed a drug treatment program, he would receive a sentence of fiveyears of probation. County Court warned defendant that, if he did not successfullycomplete the program, the court would impose a term of imprisonment. Defendantexecuted a written consent to these conditions, as well as others, during the pleaproceedings. After defendant failed to report to the program to begin treatment, CountyCourt found that he had violated the terms of the plea agreement and sentenced him to21/3 to 7 years in prison. Defendant appeals, and we affirm.

To the extent that defendant challenges the propriety of the enhanced sentence, hedid not object during sentencing and never moved to withdraw his plea on this ground.As such, he failed to preserve the issue for our review (see People v Gilbert, 106AD3d 1133, 1133 [2013]; People v DePalma, 99 AD3d 1116, 1117 [2012], lvdenied 20 NY3d 1010 [2013]). Defendant's argument that County Court improperlyfailed to hold a hearing on the issue of whether he violated the conditions of his pleaagreement is similarly unpreserved, as he neither requested [*2]such a hearing nor moved to withdraw his plea (see People v Coffey, 77 AD3d1202, 1204 [2010], lv denied 18 NY3d 882 [2012]; People v Forkey, 72 AD3d1209, 1210 [2010]; Peoplev Saucier, 69 AD3d 1125, 1125-1126 [2010]). In any event, defendant wasprovided an opportunity to be heard and admitted that he absconded from the drugtreatment program (see People vDissottle, 68 AD3d 1542, 1544 [2009], lv denied 14 NY3d 799[2010]).

Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.