PEOPLE v. CLARK (2002)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. John CLARK, Defendant-Appellant.

Decided: February 28, 2002

TOM, J.P., ANDRIAS, SAXE, and WALLACH, JJ.

Patricia Curran, for Respondent. James I. McClammy, for Defendant-Appellant.

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 5 1/212 to 11 years, unanimously affirmed.

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, 471 N.Y.S.2d 61, 459 N.E.2d 170). 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.

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