PEOPLE v. SAAD

ORDERED that the judgment is affirmed.

The defendant's waiver of his right to appeal does not foreclose review of his contention that he did not violate a condition of his plea (see, People v. Miles, 268 A.D.2d 489). The Supreme Court clearly intended to condition the promised sentence upon the defendant's completion of a drug treatment program. Because the defendant failed to complete the program, the Supreme Court was no longer bound by its promise and was free to impose a harsher sentence (see, People v. Gamble, 111 A.D.2d 869).

RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ., concur.