People v. Clifford — 38 A.D.2d 952

Majority

p. 952

The People of the State of New York, Respondent, v. David Clifford, Appellant.

Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 4, 1971 on resentence, convicting him of attemted sale of a dangerous drug in the third degree, upon a guilty plea, and imposing sentence. Judgment affirmed. In our opinion, imposition of the judgment of resentence in absentia was proper (People v. Ali, 35 A D 2d 435 , 439; see People v. Ganci, 27 N Y 2d 418 , 429) in the absence of any alteration in the original sentence imposed (cf. People v. Saperstein, 1 A D 2d 949 ) or some indication that defendant intended to challenge the constitutionality of a predicate conviction (cf. People v. Wilkins, 28 N Y 2d 213 ). Rabin, P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.

Cases cited

People v. Ali 35 A D 2d 435 N.Y. App. Div. 1971-01-06 at 439 p. 952
People v. Ganci 27 N Y 2d 418 N.Y. 1971-01-20 at 429 p. 952
People v. Wilkins 28 N Y 2d 213 N.Y. 1971-04-08 p. 952