State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: November 17, 2016 106985 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v MEMORANDUM AND ORDER

JORDAN C. NEDLIK,

Appellant.

________________________________

Calendar Date: October 14, 2016

Before: McCarthy, J.P., Garry, Lynch, Devine and Clark, JJ.

__________

Jay L. Wilbur, Public Defender, Binghamton (Nathan E.

Schwartzman of counsel), for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton

(Stephen D. Ferri of counsel), for respondent.

__________

Garry, J.

Appeal from a judgment of the County Court of Broome County

(Pelella, J.), rendered October 29, 2013, convicting defendant

upon his plea of guilty of the crime of grand larceny in the

fourth degree.

In satisfaction of various charges, defendant pleaded

guilty to grand larceny in the fourth degree as charged in a

superior court information. Pursuant to the plea agreement,

sentencing was adjourned and defendant was allowed to sign a

contract to participate in a drug court program. It was

understood that if defendant abided by the conditions of the

contract, which included him completing the drug court program

and not violating the law prior to the final disposition of the
-2- 106985 

matter, he would be allowed to withdraw his plea and enter a plea

to a misdemeanor. After completing the drug court program, but

prior to being given an opportunity to withdraw his plea,

defendant relapsed on several occasions and was also cited for

driving without a license. Defendant thereafter filed a motion

requesting that he be allowed to withdraw his plea to the felony

charge pursuant to the plea agreement. County Court denied the

motion and sentenced defendant pursuant to the felony conviction

to time served and five years of probation. Defendant now

appeals.1 

We affirm. Defendant contends that by successfully

completing the drug court program, he fulfilled his obligation

pursuant to the contract and, therefore, he should have been

allowed to plead guilty to a misdemeanor. The record reflects,

however, that by signing the contract, defendant affirmed that he

"underst[ood] that even after [he] complete[s] drug court [he]

must appear at all court dates and avoid further violations of

the law until this matter is disposed of finally." Defendant

also affirmed his understanding that if he "violate[s] the law

prior to final disposition of this matter, the [c]ourt will

determine the appropriate sentence for the felony charge." 

Although defendant successfully completed the drug court program,

he subsequently used illegal drugs prior to the final disposition

of the matter. Under these circumstances, we cannot conclude

that County Court erred in sentencing defendant pursuant to the

felony conviction, despite his successful completion of the drug

court program (see People v Hicks, 98 NY2d 185, 189 [2002];

People v Coffey, 77 AD3d 1202, 1203-1204 [2010], lv denied 18

NY3d 882 [2012]).

McCarthy, J.P., Lynch, Devine and Clark, JJ., concur.

1 On August 5, 2014, defendant admitted to violating the

terms of his probation by using Oxycodone and dropping out of a

treatment program. County Court revoked defendant's probation

and resentenced him to 1a to 4 years in prison. 
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ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court