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The People of the State of New York, Respondent, v. Alfred Spooner, Appellant

New York Supreme Court, Appellate Division2002-10-01
298 A.D.2d 121747 N.Y.S.2d 381

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Opinion

majority opinion

Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered September 28, 1999, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 23A to 5V2 years, unanimously affirmed.

The court properly exercised its discretion in imposing a prison sentence pursuant to defendant’s plea bargain after defendant was rejected by a drug program. We perceive no basis for a reduction of sentence. Concur — Nardelli, J.P., Buckley, Ellerin, Rubin and Friedman, JJ.