People v. Harris

2 A.D.3d 370, 768 N.Y.S.2d 821

Opinion

Judgments, Supreme Court, New York County (Rena Uviller, J.), rendered December 5, 2001, convicting defendant, upon his pleas of guilty, of two counts of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. Defendant did not sustain his burden of establishing that his 1992 felony conviction was constitutionally defective (see People v Harris, 61 NY2d 9, 15-16 [1983]). Nothing in the minutes of the 1992 plea allocution casts doubt on defendant’s guilt or on the voluntariness of that plea (see People v Toxey, 86 NY2d 725 [1995]). We have considered and rejected defendant’s remaining arguments. Concur—Tom, J.P., Mazzarelli, Ellerin, Lerner and Marlow, JJ.