Opinion
Submitted February 7, 2001.
March 5, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered August 26, 1999, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Thomas C. Costello of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court erred in failing to order a hearing into the circumstances surrounding his discharge from the Treatment Alternatives to Street Crime (TASC) program is unpreserved for appellate review (see, CPL 470.05; People v. Mackey, 77 N.Y.2d 846; People v. Lopez, 71 N.Y.2d 662; People v. Brown, 242 A.D.2d 337), and, in any event, without merit (see, People v. Outley, 80 N.Y.2d 702).
The defendant's remaining contention is without merit.