Opinion
1132
May 21, 2002.
Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered March 1, 2001, convicting defendant, upon his plea of guilty, of criminal possession 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.
Raffaelina Gianfrancesco, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Tom, J.P., Andrias, Rubin, Friedman, Marlow, JJ.
Since defendant failed to complete a drug treatment program, resumed the use of drugs and was twice rearrested on drug-related charges, the court properly exercised its discretion in denying defendant's request to return to the program and in imposing a prison sentence (see, People v. Parra, 276 A.D.2d 355, lv denied 95 N.Y.2d 967). Moreover, the court imposed a sentence that was lower than the sentence defendant was told to expect in the event he failed to complete the drug treatment program.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.