The People, etc., respondent, v. Darrell Walker, appellant.
Submitted—April 20, 2012
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered April 27, 2010, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
The trial court properly allowed the People to question the defendant about prior drug arrests after the defendant opened the door to that line of inquiry (see People v. Fardan, 82 N.Y.2d 638, 646).
The sentence imposed was not excessive (see CPL 470.15[c], [b]; 470.20; People v. Thompson, 60 N.Y.2d 513, 519; People v. Suitte, 90 A.D.2d 80). The sentencing court providently exercised its discretion in declining to direct that the defendant be enrolled in the Comprehensive Alcohol and Substance Abuse Treatment program (see Penal Law § 60.04; People v. Herring, 74 AD3d 1579).
MASTRO, A.P.J., FLORIO, CHAMBERS and ROMAN, JJ., concur.
Clerk of the Court