Opinion
No. 2588.
January 24, 2008.
Judgment, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), rendered August 12, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.
Before: Tom, J.P., Saxe, Friedman and Buckley, JJ.
The record demonstrates that the court understood the degree of discretion it possessed in imposing sentence following defendant's violation of his plea agreement. We do not read any of the language employed by the court as meaning it misapprehended its discretion ( cf. People v Delgado, 80 NY2d 780). We perceive no basis for reducing the sentence.