PEOPLE v. GONZALEZ

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

The PEOPLE, etc., Respondent, v. Edwin GONZALEZ, Appellant.

Decided: August 11, 1997

Before BRACKEN, J.P., and COPERTINO, ALTMAN and FLORIO, JJ. Lynn W.L. Fahey, New York City, (William A. Loeb, of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, (Roseann B. MacKechnie and Monique Ferrell, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered April 13, 1995, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 Contrary to the defendant's contentions, the court properly considered the defendant's prior arrest in sentencing him.   It was within the court's discretion to consider the defendant's prior criminal history, including crimes for which he has never been tried or convicted (see, Williams v. People of State of New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337;  People v. Cunningham, 153 A.D.2d 700, 544 N.Y.S.2d 871;  People v. Shapiro, 141 A.D.2d 577, 529 N.Y.S.2d 186), as long as the information regarding such crimes was reliable and accurate (see, Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690;  People v. Outley, 80 N.Y.2d 702, 594 N.Y.S.2d 683, 610 N.E.2d 356;  People v. Villanueva, 144 A.D.2d 285, 534 N.Y.S.2d 166).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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