Opinion
1702
October 1, 2002.
Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered September 28, 1999, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 3/4 to 5 1/2 years, unanimously affirmed.
ELI R. KOPPEL, for respondent.
EDLYN L. WILLER, for defendant-appellant.
Before: Nardelli, J.P., Buckley, Ellerin, Rubin, Friedman, JJ.
The court properly exercised its discretion in imposing a prison sentence pursuant to defendant's plea bargain after defendant was rejected by a drug program. We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.