People v. Smith

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered November 23, 1999, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and resentencing him, as a second felony offender, to a term of IV2 to 3 years, nunc pro tunc as of October 21, 1996, unanimously affirmed.

Defendant’s right to be sentenced without unreasonable delay (CPL 380.30 [1]) was not violated by the elapse of three years between the original sentencing and resentencing. The procedural error during the prompt initial sentencing did not render…