People v. Edell

45 A.D.3d 461, 845 N.Y.S.2d 733

This text of 45 A.D.3d 461 (People v. Edell) 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. Edell, 45 A.D.3d 461, 845 N.Y.S.2d 733 (N.Y. Ct. App. 2007).

Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered January 25, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s request to enter a comprehensive alcohol and substance abuse treatment program (see Penal Law § 60.04 [6]), since he committed the instant crime while on work release from another drug-related sentence. The record fails to support defendant’s assertion that the court did not exercise any discretion. Concur—Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.

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Related

§ 60.04
New York PEN § 60.04

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Bluebook (online)
45 A.D.3d 461, 845 N.Y.S.2d 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-edell-nyappdiv-2007.