People v. Torres (303 A.D.2d 236, 2003)

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered May 12, 1999, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant was properly sentenced to a term of incarceration where he failed to comply with the terms of his plea agreement providing for dismissal of the indictment upon successful completion of a drug program (see People v Avery, 85 NY2d 503, 507-508 [1995]). Contrary to defendant’s contention, his termination from the program was based on substantial violations of the program’s rules. Concur — Mazzarelli, J.P., Saxe, Sullivan, Ellerin and Gonzalez, JJ.