Opinion
1790
October 8, 2002.
Judgment, Supreme Court, Bronx County (Edward McLaughlin, J.), rendered February 14, 2000, 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 4 1/2 to 9 years, unanimously affirmed.
KRISTIN L. VASSALLO, for respondent.
JEFFREY DELLHEIM, for defendant-appellant.
Before: Tom, J.P., Sullivan, Rosenberger, Ellerin, Rubin, JJ.
After a suitable inquiry, the court properly found that defendant failed to successfully complete a drug program as required by the terms of his plea agreement, and properly exercised its discretion in imposing the sentence defendant had been warned to expect in the event that he failed to complete the program (see People v. Avery, 85 N.Y.2d 503, 507-508; People v. Torres, 277 A.D.2d 12, lv denied 96 N.Y.2d 764; see also Williams v. New York, 337 U.S. 241).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.