People v Edell

People v Edell 2007 NY Slip Op 09319 [45 AD3d 461] November 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
Daniel Edell, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Joanne Legano Ross of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Ameer Benno of counsel), for respondent.

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered January 25, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant's request to enter a comprehensive alcohol and substance abuse treatment program (see Penal Law § 60.04 [6]), since he committed the instant crime while on work release from another drug-related sentence. The record fails to support defendant's assertion that the court did not exercise any discretion. Concur—Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.