Opinion
8847 Ind. 1601/10
04-02-2019
The PEOPLE of the State of New York, Respondent, v. Christopher FLORES, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Kern, Singh, JJ.
Judgment, Supreme Court, New York County (Eduardo Padro´, J.), rendered May 8, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.
The court providently exercised its discretion when it sentenced defendant under his original plea agreement after determining that he had forfeited the opportunity for a more lenient disposition by failing to satisfy the requirement of successful completion of a drug program (see People v. Fiammegta, 14 N.Y.3d 90, 96, 896 N.Y.S.2d 735, 923 N.E.2d 1123 [2010] ; CPL 216.05[9][c] ).