PEOPLE v. McCRAY

Defendant's contention that he was entitled to specific performance of the plea agreement because he allegedly performed his obligations is not preserved for appellate review ( see, People v. Lewis, 214 A.D.2d 415, lv denied 86 N.Y.2d 797), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentence was warranted since defendant's poor behavior caused him to fail to fulfill the plea condition requiring completion of a particular drug treatment program.

Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.