Opinion
No. 2021-05765 Ind. No. 10246/18
05-25-2022
Randall D. Unger, Kew Gardens, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Emily Aguggia of counsel), for respondent.
Randall D. Unger, Kew Gardens, NY, for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Emily Aguggia of counsel), for respondent.
HECTOR D. LASALLE, P.J., SHERI S. ROMAN, LINDA CHRISTOPHER, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (John Zoll, J.), rendered July 29, 2021, convicting him of attempted criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court acted properly and within its discretion in imposing an enhanced sentence as a result of the defendant's violation of the clear and unambiguous "no re-arrest" condition of the plea (see People v Guichard, 194 A.D.3d 745, 745; People v Morales, 121 A.D.3d 919, 919).
The defendant's remaining contentions are without merit.
LASALLE, P.J., ROMAN, CHRISTOPHER and DOWLING, JJ., concur.