From Casetext: Smarter Legal Research

People v. Alamo

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 2003
302 A.D.2d 332 (N.Y. App. Div. 2003)

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.


Summaries of

People v. Alamo

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 2003
302 A.D.2d 332 (N.Y. App. Div. 2003)
Case details for

People v. Alamo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO ALAMO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 2003

Citations

302 A.D.2d 332 (N.Y. App. Div. 2003)
754 N.Y.S.2d 878

Citing Cases

People v. Smith

Before: Buckley, P.J., Tom, Saxe, Sullivan, Rosenberger, JJ. The court properly imposed the bargained-for…

People v. Juckett

Finally, defendant's claim that he was denied the effective assistance of counsel due to counsel's failure to…