Opinion
No. 3763.
May 29, 2008.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J., at plea; Laura Ward, J., at sentence), rendered June 5, 2006, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to concurrent terms of 4½ years and 4 years, respectively, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.
Before: Friedman, J.P., Williams, Catterson and Acosta, JJ.
In light of defendant's background, which included absconding from a drug program, the sentencing court properly exercised its discretion when it denied defendant's request to enter a comprehensive alcohol and substance abuse treatment program ( see Penal Law § 60.04). We perceive no basis for reducing the sentence.