Opinion
324
February 27, 2003.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered November 1, 2000, 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 4½ to 9 years, unanimously affirmed.
WILLIAM K. CLARK, for Respondent.
EVE KESSLER, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Lerner, Marlow, JJ.
The court properly imposed the bargained-for alternative prison sentence upon defendant's failure to complete a drug rehabilitation program, a condition of his plea bargain (see People v. Avery, 85 N.Y.2d 503, 507-508). Defendant's meritless excuse for unilaterally leaving the drug program did not warrant a hearing or further inquiry, and no such further proceedings were requested.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.