Defendant's claim that he was improperly sentenced under his plea of guilty to a felony, which had been accompanied by a promise that defendant could obtain a misdemeanor disposition upon successful completion of a drug program, is unpreserved since he neither requested a hearing regarding his termination from the program, nor moved to withdraw his plea (see, People v. Bratt, 261 A.D.2d 254, lv denied 94 N.Y.2d 820;People v. McCray, 251 A.D.2d 135, lv denied 92 N.Y.2d 901), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the terms of the plea agreement were clear and unambiguous and that the court properly concluded, on the basis of the highly unfavorable report from the drug program, that defendant had violated the plea condition (see, People v. Avery, 85 N.Y.2d 503, 507-508). It is clear that, as the result of his poor behavior, defendant failed to successfully complete the program.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.