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PEOPLE, res, v. WILSON FELICIANO, def-ap

8211. PEOPLE, res, v. WILSON FELICIANO, def-ap — Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Martin J. Foncello of counsel), for res — Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered September 5, 2006, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, affirmed.

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8211. PEOPLE, res, v. WILSON FELICIANO, def-ap — Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Martin J. Foncello of counsel), for res — Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered September 5, 2006, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, affirmed.

The court properly concluded that defendant failed to meet the conditions of his plea agreement (see generally People v. Jenkins, 11 NY3d 282 [2008]). Over a period of 8 years, the court gave defendant many opportunities to earn a dismissal of the indictment under the Drug Treatment Alternative to Prison program. Instead, defendant violated the terms of his original plea agreement by relapsing into drug use, absconding from aftercare and having conflicts with the law that included a new drug conviction. Defendant’s obligations under the original agreement were clear (see People v. Cataldo, 39 NY2d 578 [1976]). Defendant’s brief successes in drug treatment, followed by relapses, did not satisfy the terms of the agreement.

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