People v Anderson

People v Anderson 2008 NY Slip Op 00413 [47 AD3d 514] January 24, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
Jamal Anderson, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Kristina Schwarz of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), rendered August 12, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The record demonstrates that the court understood the degree of discretion it possessed in imposing sentence following defendant's violation of his plea agreement. We do not read any of the language employed by the court as meaning it misapprehended its discretion (cf. People v Delgado, 80 NY2d 780 [1992]). We perceive no basis for reducing the sentence. Concur—Tom, J.P., Saxe, Friedman and Buckley, JJ.