People v. Cancel — 266 A.D.2d 306

Majority

p. 306

The People of the State of New York, Respondent, v Pablo Cancel, Appellant.

[698 NYS2d 523]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered April 11, 1997, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was penalized for going to trial rather than accepting a plea agreement, is unpreserved for appellate review, having never been raised before the sentencing court (see, People v Giordano, 87 NY2d 441 ; People v Hurley, 75 NY2d 887 ). In any event, it is firmly established that a sentence imposed after trial may be more severe than that proposed in connection with a plea (see, People v Clarke,

p. 307

195 AD2d 569 , 570-571; People v Nelson, 179 AD2d 784 , 786). Here, the sentencing minutes indicate that the court relied upon the appropriate factors in sentencing the defendant to a higher sentence than that which was offered during plea negotiations (see, People v Diaz, 190 AD2d 685 , 687).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ). S. Miller, J. P., Sullivan, Krausman and H. Miller, JJ., concur.

Cases cited

People v. Giordano 87 NY2d 441 N.Y. 1995-12-28 p. 306
People v. Hurley 75 NY2d 887 N.Y. 1990-03-22 p. 306
People v. Clarke 195 AD2d 569 N.Y. App. Div. 1993-07-19 at 570-571 p. 307
People v. Nelson 179 AD2d 784 N.Y. App. Div. 1992-01-21 at 786 p. 307
People v. Diaz 190 AD2d 685 N.Y. App. Div. 1993-02-01 at 687 p. 307
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 307