Opinion
2658
December 24, 2002.
Judgment, Supreme Court, New York County (Lewis Stone, J.), rendered May 31, 2002, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 year, unanimously affirmed.
Jennifer Chung, for respondent.
Claudia S. Trupp, for defendant-appellant.
Before: NARDELLI, J.P., SAXE, SULLIVAN, ROSENBERGER, ELLERIN, JJ.
The court properly enhanced defendant's promised sentence (see People v. Outley, 80 N.Y.2d 702, cert denied 519 U.S. 964). The court clearly imposed a condition requiring defendant to meet and cooperate with the Department of Probation, which defendant concededly failed to do. Defendant's claim that his refusal was due to illness is not substantiated by the record.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.