People v Wade
2008 NY Slip Op 04791 [51 AD3d 601]
May 29, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


The People of the State of New York, Respondent,
v
Edward Wade, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Judgment, Supreme Court, New York County (A. Kirke Bartley, J., at plea; Laura Ward, J., at sentence), rendered June 5, 2006, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to concurrent terms of 4½ years and 4 years, respectively, unanimously affirmed.

In light of defendant's background, which included absconding from a drug program, the sentencing court properly exercised its discretion when it denied defendant's request to enter a comprehensive alcohol and substance abuse treatment program (see Penal Law § 60.04 [6]). We perceive no basis for reducing the sentence. Concur—Friedman, J.P., Williams, Catterson and Acosta, JJ.