People v. Carrasquillo

Appellate Division of the Supreme Court of New York

People v. Carrasquillo

309 A.D.2d 522, 765 N.Y.S.2d 34, 2003 N.Y. App. Div. LEXIS 10358

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 2003·Published·Cited by 1 cases

Opinion

Judgment, [523] Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered March 8, 2002, 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.

Defendant was properly sentenced to a prison term where he failed to comply with the terms of the initial plea agreement providing for substitution of a misdemeanor plea and a sentence of time served upon successful completion of a drug program. It is clear that, as a result of his continued drug use, defendant failed to complete the program (see People v Battle, 287 AD2d 361 [2001], lv denied 97 NY2d 751 [2002]), and the court properly exercised its discretion in declining to afford defendant another opportunity to enter a program. We have considered and rejected defendant’s remaining arguments. Concur — Buckley, P.J., Nardelli, Mazzarelli, Ellerin and Lerner, JJ.

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Judgment, [523] Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered March 8, 2002, 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.

Defendant was properly sentenced to a prison term where he failed to comply with the terms of the initial plea agreement providing for substitution of a misdemeanor plea and a sentence of time served upon successful completion of a drug program. It is clear that, as a result of his continued drug use, defendant failed to complete the program (see People v Battle, 287 AD2d 361 [2001], lv denied 97 NY2d 751 [2002]), and the court properly exercised its discretion in declining to afford defendant another opportunity to enter a program. We have considered and rejected defendant’s remaining arguments. Concur — Buckley, P.J., Nardelli, Mazzarelli, Ellerin and Lerner, JJ.

People v. Carrasquillo, 309 A.D.2d 522, 765 N.Y.S.2d 34, 2003 N.Y. App. Div. LEXIS 10358 (N.Y. Ct. App. 2003).

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