From Casetext: Smarter Legal Research

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
May 15, 2003
305 A.D.2d 231 (N.Y. App. Div. 2003)

Opinion

1159

May 15, 2003.

Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered on or about April 10, 2002, convicting defendant, upon his pleas of guilty, of two counts of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3¾ to 7½ years, unanimously affirmed.

Christopher Wilson, for respondent.

Sarah Geraghty, for defendant-appellant.

Before: Andrias, J.P., Williams, Lerner, Friedman, Marlow, JJ.


Defendant did not preserve his contention that he was deprived of his right to address the court prior to the imposition of sentence, as provided by CPL 380.50(1), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court sufficiently complied with the statute (see People v. McClain, 35 N.Y.2d 483, 491-492, cert denied 423 U.S. 852).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
May 15, 2003
305 A.D.2d 231 (N.Y. App. Div. 2003)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON GONZALEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 15, 2003

Citations

305 A.D.2d 231 (N.Y. App. Div. 2003)
758 N.Y.S.2d 494