People v. Henry
815 N.Y.S.2d 209
N.Y. App. Div.
2006
Check Treatment

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ADONIS HENRY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

27 A.D.3d 820 | 815 N.Y.S.2d 209

Judgment rendered May 12, 2004

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered May 12, 2004, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

While on probation for two drug-related felonies, the defendant was arrested and indicted for selling heroin to an undercover officer within 1,000 feet of a school. He subsequently entered a plea of guilty to one count of criminal sale of a controlled substance in the third degree in full satisfaction of the indictment. The court promised that if he successfully completed a DTAP program (Drug Treatment Alternative-to-Prison Program), the plea would be vacated and the indictment would be dismissed. The court warned, however, that if he failed to complete the program, he would face a sentence of 4 1/2 to 9 years’ imprisonment as a second felony offender. The defendant was fully allocuted and, upon his admission, was adjudicated a second felony offender. He was subsequently discharged from one residential drug treatment program for noncompliance, and left a second residential program without permission and against clinical advice. He was thereafter arrested for another drug sale. The court sentenced him to a term of 4 1/2 to 9 years’ imprisonment.

The defendant‘s purported waiver of his right to appeal from the sentence imposed was ineffective (see

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). Contrary to the defendant‘s contention, however, the sentence was neither unconstitutional nor excessive (see
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). Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.