People v. Martinez

• Decision Date: 20 September 1993
• Citation: 196 A.D.2d 849,603 N.Y.S.2d 759
• Parties: The PEOPLE, etc., Respondent, v. Joel MARTINEZ, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 759

603 N.Y.S.2d 759

196 A.D.2d 849

The PEOPLE, etc., Respondent, v. Joel MARTINEZ, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

Sept. 20, 1993.

Philip L. Weinstein, New York City (Jonathan Hager, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Monique Ferrell, of counsel; Valerie A. DePalma, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered July 17, 1992, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

We reject the defendant's contention that the court impermissibly enhanced his sentence, without first affording him an opportunity to withdraw his plea (see, People v. Atkinson, 127 A.D.2d 841, 512 N.Y.S.2d 232; People v. Mack, 107 A.D.2d 822, 484 N.Y.S.2d 660). We also reject the defendant's contention that his prior conviction in New Jersey for distribution of a controlled dangerous substance (see, NJSA 24:21-19[a][1] could not serve as a predicate felony in New York (see, Penal Law § 70.06[1][b][i].

THOMPSON, J.P., and SULLIVAN, MILLER, RITTER and SANTUCCI, JJ., concur.