People v. Valencia

Appellate Division of the Supreme Court of New York

People v. Valencia

306 A.D.2d 65, 759 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 6435

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

DecidedJune 10, 2003

StatusPublished

This text of 306 A.D.2d 65 (People v. Valencia) 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. Valencia, 306 A.D.2d 65, 759 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 6435 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

After sufficient inquiry, the court properly imposed the bargained-for alternative prison sentence, which defendant had been warned to expect in the event that he failed to complete a drug rehabilitation program (see People v Outley, 80 NY2d 702, 713-714 [1993]). Moreover, defendant left the program without permission and failed to explain adequately the need to be returned to court on a bench warrant approximately two months later. Concur — Buckley, P.J., Mazzarelli, Rosenberger, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

After sufficient inquiry, the court properly imposed the bargained-for alternative prison sentence, which defendant had been warned to expect in the event that he failed to complete a drug rehabilitation program (see People v Outley, 80 NY2d 702, 713-714 [1993]). Moreover, defendant left the program without permission and failed to explain adequately the need to be returned to court on a bench warrant approximately two months later. Concur — Buckley, P.J., Mazzarelli, Rosenberger, Friedman and Marlow, JJ.

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Bluebook (online)

306 A.D.2d 65, 759 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 6435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valencia-nyappdiv-2003.

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