Appellate Division of the Supreme Court of New York, 2003

People v. Valencia

People v. Valencia
Appellate Division of the Supreme Court of New York · Decided June 10, 2003
306 A.D.2d 65; 759 N.Y.S.2d 867; 2003 N.Y. App. Div. LEXIS 6435
People v. Valencia

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

After sufficient inquiry, the court properly imposed the bargained-for alternative prison sentence, which defendant had been warned to expect in the event that he failed to complete a drug rehabilitation program (see People v Outley, 80 NY2d 702, 713-714 [1993]). Moreover, defendant left the program without permission and failed to explain adequately the need to be returned to court on a bench warrant approximately two months later. Concur — Buckley, P.J., Mazzarelli, Rosenberger, Friedman and Marlow, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.