People v. Daniel D.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered September 24, 1985, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed, and this case is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

We reject the defendant’s characterization of the sentencing court’s comments as indicating that the court failed to exercise its discretion when imposing sentence (see, People v Farrar,…