People v Langhorne (2007 NY Slip Op 02956)

People v Langhorne

2007 NY Slip Op 02956 [39 AD3d 564]

April 3, 2007

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent,
v
Torrence Langhorne, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered November 2, 2005, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention regarding the imposition of a sentence which was greater than that originally promised to him at the time of his plea of guilty is not preserved for appellate review (see CPL 470.05 [2]; People v K.F., 208 AD2d 948 [1994]; People v Ellis, 162 AD2d 701 [1990]). Mastro, J.P., Ritter, Skelos, Carni and McCarthy, JJ., concur.