Opinion
2015-01-22
The PEOPLE of the State of New York, Respondent, v. Angel BONANO, Defendant–Appellant.
Scott A. Rosenberg, The Legal Aid Society, New York (Laura Boyd of counsel) for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for respondent.
Scott A. Rosenberg, The Legal Aid Society, New York (Laura Boyd of counsel) for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for respondent.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered May 12, 2011, convicting defendant, upon his plea of guilty, of two counts of auto stripping in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 1 1/2 to 3 years, unanimously affirmed.
After sufficient inquiry, the court properly found that defendant had violated his plea agreement and had thus forfeited the opportunity for a more lenient disposition ( see People v. Fiammegta, 14 N.Y.3d 90, 98, 896 N.Y.S.2d 735, 923 N.E.2d 1123 [2010] ). Before imposing the promised sentence, the court reviewed the latest drug treatment
program's report and heard defendant's version of the events. It was undisputed that defendant had absconded from one drug treatment program and had been discharged by another program as a result of his confrontational behavior and refusal to follow staff instructions. Under the circumstances, there was no need for a hearing or a further inquiry into defendant's claims regarding his claimed excuses for his belligerent behavior at the latter program ( see People v. Valencia, 3 N.Y.3d 714, 786 N.Y.S.2d 374, 819 N.E.2d 990 [2004]; People v. Redwood, 41 A.D.3d 275, 838 N.Y.S.2d 66 [1st Dept.2007], lv. denied 9 N.Y.3d 880, 842 N.Y.S.2d 792, 874 N.E.2d 759 [2007] ). GONZALEZ, P.J., RENWICK, DeGRASSE, MANZANET–DANIELS, GISCHE, JJ., concur.