Opinion
No. 177 SSM 24.
Decided October 16, 2007.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 27, 2007. The Appellate Division affirmed an amended sentence of the Supreme Court, Kings County (Alan Marrus, J.), imposed following defendant's conviction upon his plea of guilty of attempted criminal sale of a controlled substance in the third degree. Supreme Court had sentenced defendant to six months of house arrest and a term of five years' probation.
People v Mingo, 37 AD3d 854, affirmed.
Appellate Advocates, New York City ( Lynn W.L. Fahey of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York City ( Fay Ng of counsel), for respondent.
Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed. The Appellate Division, having affirmed without opinion, may have done so on the basis that the sentence imposed was not excessive, an issue beyond this Court's review.