Appellate Division of the Supreme Court of the State of New York October 3, 1995 (People v. Smith)

—Judgment, Supreme Court, New York County (Mary Davis, J., at hearing; Bonnie Wittner, J., at plea and sentence), rendered October 7, 1993, *220convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of l1/2 to 3 years, unanimously affirmed.