PEOPLE v. FIAMMEGTA

Appellate Division of the Supreme Court of New York, Second Department.

Dec 30, 2008

Judgment

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Ordered that the judgment is affirmed.

The court's inquiry regarding the circumstances concerning the defendant's discharge from a drug treatment program was sufficient to determine that the defendant violated the plea agreement ( see People v Kitchens, 46 AD3d 577; People v Covington, 28 AD3d 575; People v Garner, 18 AD3d 669; see also People v Valencia, 3 NY3d 714; cf. Torres v Berbary, 340 F3d 63).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).