People v Elkhatib, 2018 NY Slip Op 03143 [161 AD3d 767]

May 2, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Ahmed Elkhatib, Appellant.

Steven A. Feldman, Uniondale, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Bridget R. Steller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered November 29, 2016, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Moreover, the sentencing court providently exercised its discretion in declining to direct the Department of Corrections and Community Supervision to enroll the defendant in the shock incarceration program ( see Penal Law § 60.04 [7] [a]; Correction Law art 26-A), or that his sentence be executed as a sentence of parole supervision pursuant to CPL 410.91. Dillon, J.P., Sgroi, Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..