Majority
p. 291The People of the State of New York, Respondent, v John Geremonte, Appellant. [704 NYS2d 461]
—Judgment, Supreme Court, New York County (George Roberts, J.), rendered December 14, 1995, 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 offender, to a term of 4V2 to 9 years, unanimously affirmed.
The present record clearly establishes that defendant forfeited the benefit of his original plea bargain where, in contravention of that bargain, he departed a court-ordered drug rehabilitation program after one day, voluntarily and against the advice of the program’s clinical staff (compare,
p. 292
People v Grant, 243 AD2d 358 , 359). Defendant has not shown that he is prejudiced by the missing minutes (see, People v Dunbar, 240 AD2d 275 , 276, lv denied 90 NY2d 892 ). Concur— Sullivan, P. J., Nardelli, Wallach, Lerner and Buckley, JJ.
Cases cited
- People v. Grant 243 AD2d 358 at 359 p. 292
- People v. Dunbar 240 AD2d 275 at 276 p. 292