Appellate Division of the Supreme Court of the State of New York September 28, 2001 (People v. Diequez)

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]), defendant contends that his postplea arrest for criminal possession of a controlled substance in the third degree (Penal Law § 220.