Opinion
1265
May 29, 2003.
Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered July 26, 2000, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.
Karen Schlossberg, for respondent.
Debra Fox, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Williams, JJ.
The court properly denied defendant's motion to withdraw his plea (see People v. Frederick, 45 N.Y.2d 520). The only ground for the motion was that counsel failed to obtain "an appropriate plea." The court properly rejected that ground because defendant received the most favorable plea and sentence permitted by law for a person indicted for first-degree drug possession. The court accorded defendant an opportunity to elaborate on his application, but defendant had nothing more to offer.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.