People v. Cary

—Judgment, Supreme Court, Bronx County (John Byrne, J.), rendered December 22, 1997, 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 4V2 to 9 years, unanimously affirmed.

Defendant pleaded guilty under an arrangement where he was to receive a reduced plea and sentence upon successful completion of a drug rehabilitation program. Defendant failed to complete the program. The court let the original guilty plea stand and imposed sentence thereunder. Defendant now claims that…