People v. Valencia

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

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.