| 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. |
| The People of the State of New York,
Respondent, v Edward Wade, Appellant. |
—[*1]
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.