Opinion
Submitted March 30, 2001.
July 16, 2001.
Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (J. Goldberg, J.), imposed February 17, 2000, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted sale of a controlled substance in the third degree.
Stuart D. Rubin, Brooklyn, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Elizabeth S. Natrella and Linda H. Young of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., DAVID S. RITTER, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ORDERED that the amended sentence is affirmed.
The sentencing court may properly consider evidence of other crimes for which the defendant was not tried provided the court is satisfied that "the information upon which it bases the sentence is reliable and accurate" (People v. Naranjo, 89 N.Y.2d 1047, 1049, see, People v. Outley, 80 N.Y.2d 702, 712). The court was entitled to treat the defendant's admission to criminal activity, made under oath in an unrelated proceeding, as reliable (see, People v. Migliore, 150 A.D.2d 169; People v. Marrero, 110 A.D.2d 785).
BRACKEN, P.J., RITTER, GOLDSTEIN, SCHMIDT and TOWNES, JJ., concur.