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PEOPLE v. CHISHOLM

54 A.D.3d 769 (2008)

862 N.Y.S.2d 909

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CHISHOLM, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 2008.

Ordered that the judgment is affirmed.

The defendant was not entitled to have the sentencing court direct that he be enrolled in a comprehensive alcohol and substance abuse treatment program while incarcerated, since he was not convicted of a controlled substance or marihuana offense, as required by the statute permitting such placement in the sentencing court's discretion (see Penal Law § 60.04 [6]; People v Colt, 39 A.D.3d 770...

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