People v. Alamo

302 A.D.2d 332, 754 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 1808

Opinion

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered November 1, 2000, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The court properly imposed the bargained-for alternative prison sentence upon defendant’s failure to complete a drug rehabilitation program, a condition of his plea bargain (see People v Avery, 85 NY2d 503, 507-508 [1995]). Defendant’s meritless excuse for unilaterally leaving the drug program did not warrant a hearing or further inquiry, and no such further proceedings were requested. Concur — Nardelli, J.P., Mazzarelli, Sullivan, Lerner and Marlow, JJ.