Opinion
1364
June 10, 2003.
Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Jonathan Zucker, for respondent.
Kerry Elgarten, for defendant-appellant.
Before: Buckley, P.J., Mazzarelli, Rosenberger, Friedman, Marlow, JJ.
After sufficient inquiry, the court properly imposed the bargained-for alternative prison sentence, which defendant had been warned to expect in the event that he failed to complete a drug rehabilitation program (see People v. Outley, 80 N.Y.2d 702, 713-714). Moreover, defendant left the program without permission and failed to explain adequately the need to be returned to court on a bench warrant approximately two months later.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.