Opinion
No. 4007.
January 6, 2011.
Judgment, Supreme Court, New York County (Renee A. White, J., at plea; Ronald Zweibel, J., at sentence), rendered June 18, 2009, as amended July 8, 2009, convicting defendant of burglary in the third degree, and sentencing him to a term of 2½ to 7 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Richard Nahas of counsel), for respondent.
Before: Saxe, J.P., Friedman, McGuire, Abdus-Salaam and Roman, JJ.
The requirements of due process were satisfied when the sentencing court conducted a thorough inquiry into the facts with respect to whether defendant absconded from a drug treatment program in violation of his plea agreement, and provided defendant with a reasonable opportunity to present his explanations, which the court properly rejected ( see People v Barnes, 72 AD3d 516, lv denied 15 NY3d 747).
We also perceive no basis for reducing the sentence as a matter of discretion in the interest of justice.