Opinion
Submitted September 22, 1999
December 2, 1999
Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered April 9, 1998, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Mitchell B. Maier, Monroe, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert J. Conflitti and Andrew R. Kass of counsel), for respondent.
SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's voluntary participation in a drug program pending sentencing did not amount to illegal interim probation (cf.,People v. Rodney E., 77 N.Y.2d 672 ). The sentencing court properly considered the defendant's activities after his conviction and before the imposition of the sentence, which was within the parameters agreed to by the defendant during the plea allocution (see, People v. Munize, 251 A.D.2d 429 ; People v. Soto, 245 A.D.2d 398 ;People v. Cass, 228 A.D.2d 448 ; People v. Rivera, 217 A.D.2d 712 ).
The defendant's sentence was neither unduly harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80 ).
S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.