New York Supreme and/or Appellate Courts Appellate Division, First Department
January 3, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v O'Rourke
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 3, 2012
Gonzalez, P.J., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.
Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered July 1, 2010, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three and one-half years, plus three years postrelease supervision, unanimously affirmed.
Regardless of whether defendant validly waived his right to appeal, his claim that the court should have imposed a lesser sentence is devoid of merit and we decline to reduce his sentence in the interest of justice. Under the terms of the DTAP agreement, defendant's inadequate compliance exposed him to an even longer sentence than the court actually imposed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 3, 2012
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