Opinion
Submitted February 9, 2000
March 30, 2000
Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Eng, J.), rendered May 15, 1997, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal possession of a controlled substance in the fourth degree under Indictment No. 148/95, upon a jury verdict, and imposing sentence, and (2) a judgment of the Supreme Court, Queens County (Katz, J.), rendered April 21, 1998, convicting him of attempted murder in the first degree (two counts), also under Indictment No. 148/95, upon a jury verdict, and imposing sentence.
Steven A. Feldman, Roslyn, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicole Beder, and Jennifer Etkin of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgments are affirmed.
With respect to the judgment rendered April 21, 1998, the defendant's contention that he was penalized for going to trial rather than accepting a plea agreement is unpreserved for appellate review (see, People v. Cancel, 266 A.D.2d 306 [2d Dept., Nov. 8, 1999]).
In any event, a sentence imposed after trial may be more severe than a sentence proposed in connection with a plea (see, People v. Clarke, 195 A.D.2d 569, 570-571 ; People v. Nelson, 179 A.D.2d 784, 786 ). Here, the court relied upon the appropriate factors in sentencing the defendant to a higher sentence than the sentence which was offered during plea negotiations (see, People v. Cancel, supra; People v. Diaz, 190 A.D.2d 685, 687 ).
We note that the defendant raises no issues regarding the appeal from the judgment rendered May 15, 1997.
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO, and H. MILLER, JJ., concur.