PEOPLE v. EVANS

Since defendant failed to complete a drug treatment program, resumed the use of drugs and was twice rearrested on drug-related charges, the court properly exercised its discretion in denying defendant's request to return to the program and in imposing a prison sentence (see, People v. Parra, 276 A.D.2d 355, lv denied 95 N.Y.2d 967). Moreover, the court imposed a sentence that was lower than the sentence defendant was told to expect in the event he failed to complete the drug treatment program.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.