Appellate Division of the Supreme Court of New York, 2001

People v. Pichardo

People v. Pichardo
Appellate Division of the Supreme Court of New York · Decided April 12, 2001
282 A.D.2d 272; 722 N.Y.S.2d 866; 2001 N.Y. App. Div. LEXIS 3627
People v. Pichardo

Opinion of the Court

—Judgment, Supreme Court, New York County (John Bradley, J.), rendered August 17, 1998, convicting defendant, upon his plea of guilty, of burglary in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

Defendant’s unauthorized departure from a drug program, without notice to his attorney or the court, coupled with his failure to return to court voluntarily after learning that a bench *273warrant had been issued, violated his plea agreement and justified a 10-year term under the provisions of that agreement (see, People v Figgins, 87 NY2d 840). Concur — Mazzarelli, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

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