PEOPLE v. CARRASQUILLO (2003)

Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered March 8, 2002, 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 4 1/212 to 9 years, unanimously affirmed.

Defendant was properly sentenced to a prison term where he failed to comply with the terms of the initial plea agreement providing for substitution of a misdemeanor plea and a sentence of time served upon successful completion of a drug program.   It is clear that, as a result of his continued drug use, defendant failed to complete the program (see People v. Battle, 287 A.D.2d 361, 731 N.Y.S.2d 615, lv. denied 97 N.Y.2d 751, 742 N.Y.S.2d 610, 769 N.E.2d 356), and the court properly exercised its discretion in declining to afford defendant another opportunity to enter a program. We have considered and rejected defendant's remaining arguments.