Opinion
457
March 13, 2003.
Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered May 12, 1999, convicting defendant, upon his plea of guilty, of criminal sale 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.
Zachary H. Johnson, for respondent.
Lawrence T. Hausman, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Sullivan, Ellerin, Gonzalez, JJ.
Defendant was properly sentenced to a term of incarceration where he failed to comply with the terms of his plea agreement providing for dismissal of the indictment upon successful completion of a drug program (see People v. Avery, 85 N.Y.2d 503, 507-508). Contrary to defendant's contention, his termination from the program was based on substantial violations of the program's rules.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.