People v Delston
2009 NY Slip Op 04259 [62 AD3d 1023]
May 26, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2009


The People of the State of New York, Respondent,
v
Christopher Delston, Appellant.

—[*1] Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Cristin N. Connell of counsel), for respondent.

Appeal by the defendant, by permission, from so much of an order of the County Court, Nassau County (Carter, J.), entered July 2, 2007, as denied that branch of his motion which was, in effect, pursuant to CPL 440.20 to vacate a sentence of the same court (Belfi, J.), imposed February 25, 2004, upon his conviction of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, upon a jury verdict.

Ordered that the order is affirmed insofar as appealed from.

The County Court properly denied that branch of the defendant's motion which was, in effect, to vacate his sentence (see People v Smith, 73 NY2d 961, 962-963 [1989]; People v Hamilton, 205 AD2d 706, 707 [1994]). Rivera, J.P., Covello, Dickerson and Chambers, JJ., concur.