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People v. Harbison

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 4, 2017
2017 N.Y. Slip Op. 6967 (N.Y. App. Div. 2017)

Opinion

2015-09906

10-04-2017

The People of the State of New York, respondent, v. Stephan Harbison, also known as Stephan L. Harbison, appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Elizabeth Miller of counsel), for respondent.


LEONARD B. AUSTIN SANDRA L. SGROI HECTOR D. LASALLE, JJ. (Ind. No. 2360/13)

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Elizabeth Miller of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Condon, J.), rendered August 26, 2015, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court failed to conduct a proper inquiry into his postplea arrest before imposing an enhanced sentence is unpreserved for appellate review (People v Stafford, 115 AD3d 683), and we decline to reach it in the exercise of our interest of justice jurisdiction.

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Harbison

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 4, 2017
2017 N.Y. Slip Op. 6967 (N.Y. App. Div. 2017)
Case details for

People v. Harbison

Case Details

Full title:The People of the State of New York, respondent, v. Stephan Harbison, also…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 4, 2017

Citations

2017 N.Y. Slip Op. 6967 (N.Y. App. Div. 2017)