People v. Torres

Judgment, Supreme Court, Bronx County (Lawrence H. Bernstein, J., at plea; John G. Ingram, J, at sentence), rendered December 16, 2003, convicting defendant 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 modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

The court properly exercised its discretion in imposing the prison sentence provided for in defendant’s plea agreement since, despite two separate opportunities, defendant failed to complete a…