Appellate Division of the Supreme Court of New York, 2002

People v. Evans

Appellate Division of the Supreme Court of New York · Decided May 21, 2002

294 A.D.2d 223; 741 N.Y.S.2d 855; 2002 N.Y. App. Div. LEXIS 5334

Cases that cite this one

1 later published case cites this decision.

People v. Limontas (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered March 1, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Since defendant failed to complete a drug treatment program, resumed the use of drugs and was twice rearrested on drug-related charges, the court properly exercised its discretion in denying defendant’s request to return to the program and in imposing a prison sentence (see, People v Parra, 276 AD2d 355, *224lv denied 95 NY2d 967). Moreover, the court imposed a sentence that was lower than the sentence defendant was told to expect in the event he failed to complete the drug treatment program. Concur—Tom, J.P., Andrias, Rubin, Friedman and Marlow, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.