People v. Davis

260 A.D.2d 294, 692 N.Y.S.2d 1, 688 N.Y.S.2d 880, 1999 N.Y. App. Div. LEXIS 4405

Opinion

—Judgment, Supreme Court, Bronx County (John Byrne, J.), rendered July 8, 1997, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4x/2 to 9 years, unanimously affirmed.

The court properly sentenced defendant to a prison term after she failed to successfully complete a residential drug program, thus breaching a core condition of her plea agreement (People v Gagnon, 245 AD2d 593, 595, Iv denied 91 NY2d 925). Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.