People v. Perez

Judgment, Supreme *170Court, New York County (Arlene D. Goldberg, J., at plea; Michael R Ambrecht, J., at sentence), rendered May 21, 2004, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2^2 to 5 years, unanimously affirmed.

Defendant did not preserve his claim that, after his expulsion from two drug programs, the sentencing court should have placed him in a drug program more suited to his alleged psychiatric condition or permitted him to withdraw his plea (see People v Battle, 287 AD2d 361…