People v. Smith (277 A.D.2d 178, 2000)

—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 that sentence a nullity for purposes of speedy sentencing analysis (see, People v Peterson, 264 AD2d 574, 576, lv denied 94 NY2d 865, cert denied — US —, 121 S Ct 85). In any event, the delay in resentencing resulted from defendant’s delay in seeking a remedy for the procedural defect in his original sentence. Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe, JJ.