People v. Smith

Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered February 22, 2001, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly imposed the bargained-for alternative prison sentence upon defendant’s failure to complete a drug rehabilitation program, a condition of his plea bargain (see People v Alamo, 302 AD2d 332 [2003], lv denied 100 NY2d 559 [2003]). At the time of the plea, the court had…