PEOPLE v. TORRES

The court promised that it would impose a more lenient disposition in the event that defendant successfully completed a drug program. Defendant was expelled from the drug program. Before imposing sentence, the court conducted an inquiry to determine whether or not there was any legitimate basis for defendant's exclusion from the drug program, and satisfied itself that the report of defendant's misconduct in the program was reliable and accurate (see, People v. Outley, 80 N.Y.2d 702, 713;

People v. Gonzalez, 242 A.D.2d 306, lv denied 90 N.Y.2d 1011). Hence, the court properly sentenced defendant on the felony.

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