Opinion
364
February 28, 2002.
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 30, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 5½ to 11 years, unanimously affirmed.
Patricia Curran for respondent.
James I. McClammy for defendant-appellant.
Before: Tom, J.P., Andrias, Saxe, Wallach, JJ.
Defendant was properly adjudicated a second felony offender.
Defendant did not establish that his prior conviction had been unconstitutionally obtained (see, People v. Harris, 61 N.Y.2d 9). Defendant's prior guilty plea was not induced by an unfulfilled promise. In that case, a condition of defendant's plea was that a pending misdemeanor drug possession charge would be "dismissed as covered." That promise was ultimately fulfilled, and the three-month administrative delay in carrying out that promise did not result in a constitutional deprivation.
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.