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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 2003

StatusPublished

Cited by1 cases

This text of 309 A.D.2d 522 (People v. Carrasquillo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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Opinion

Judgment, [523]*523Supreme 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]*523Supreme 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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Bluebook (online)

309 A.D.2d 522, 765 N.Y.S.2d 34, 2003 N.Y. App. Div. LEXIS 10358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrasquillo-nyappdiv-2003.

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