Appellate Division of the Supreme Court of the State of New York December 18, 1997 (People v. Martinez)

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered January 16, 1996, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.