Opinion
December 9, 1993
Appeal from the Supreme Court, New York County, Stephen G. Crane, J.
We note that defendant opposed the offer of probation, together with participation in a residential drug treatment program, asking instead to be sentenced to a definite term of 6 months' imprisonment. Considering that defendant has a long history of drug and alcohol abuse, it is understandable that the court preferred a residential drug treatment program with probation. However, it is not in the interest of justice to impose a greater penalty for failure to comply with the conditions of parole than the proposed initial sentence of 6 months. Inasmuch as defendant has now served more than this period of time, we find the sentence of 2 to 12 years to be excessive and modify the sentence accordingly to time served (see, People v Cowell, 170 A.D.2d 343).
Concur — Carro, J.P., Ellerin, Kupferman and Rubin, JJ.