People v. Martinez

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]), defendant contends that County Court erred in imposing an enhanced sentence. Defendant had been permitted to withdraw his original plea of guilty to the same crime when the court sought to impose a more severe sentence than that for which defendant had bargained (see, People v Selikoff, 35 NY2d 227, 241, cert denied 419 US 1122; People v Thomas, 210 AD2d 902, 902-903), based on information that defendant might have been…