People v. Martinez

237 A.D.2d 122, 655 N.Y.S.2d 345, 1997 N.Y. App. Div. LEXIS 2212

Opinion

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered January 6, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and violation of probation, and sentencing him, as a second felony offender, to a term of 3 to 6 years, and resentencing him, upon the violation of probation, to a consecutive term of 1 to 3 years, unanimously affirmed.

The totality of the record, viewed in light of the presumption of regularity in judicial proceedings (see, People v Kalakowski, 120 AD2d 763, 765, lv denied 68 NY2d 669), establishes that defendant was lawfully sentenced on the basis of a properly updated presentence report. We have considered defendant’s other claims and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Rubin and Mazzarelli, JJ.