| People v Fiammegta |
| 2008 NY Slip Op 10634 [57 AD3d 1003] |
| December 30, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Vincent Fiammegta, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.
Dennehy of counsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 4, 2007, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence. Justice Angiolillo has been substituted for Justice Chambers (see 22 NYCRR 670.1 [c]).
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 [2007]; People v Covington, 28 AD3d 575 [2006]; People v Garner, 18 AD3d 669 [2005]; see also People v Valencia, 3 NY3d 714 [2004]; cf. Torres v Berbary, 340 F3d 63 [2003]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Fisher, J.P., Florio, Angiolillo and Carni, JJ., concur.