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The People of the State of New York, Respondent, v. Eugenio Pichardo, Appellant

New York Supreme Court, Appellate Division2001-04-12
282 A.D.2d 272722 N.Y.S.2d 866

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Opinion

majority opinion

—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 warrant 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.