New York Supreme and/or Appellate Courts Appellate Division, First Department
November 8, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v Tapia
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 November 8, 2012
Tom, J.P., Sweeny, Acosta, DeGrasse, Richter, JJ.
Judgment, Supreme Court, New York County (Ellen M. Coin, J.), rendered March 29, 2011, 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 two years, unanimously affirmed.
Defendant's waiver of his right to appeal was knowing, intelligent and voluntary (see People v Hidalgo, 91 NY2d 733 ). As an alternative holding (see People v Callahan, 80 NY2d 273, 285 ), we reject defendant's claims on the merits. The record supports the court's imposition of an enhanced sentence based on defendant's failure to complete drug treatment (see People v Fiammegta, 14 NY3d 90 ), and we perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: NOVEMBER 8, 2012, p.m.
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