People v. Brown

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered December 18, 1992, 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.

The defendant’s assertion that he was improperly sentenced as a prior felony offender based upon his Texas conviction for "possession with intent to deliver” a controlled substance is without merit. An examination of the elements of the Texas felony of which the defendant was convicted clearly…