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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 481 (N.Y. App. Div. 2003)

Opinion

2000-11354

Submitted January 8, 2003.

February 13, 2003.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered October 12, 2000, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Del Atwell, Montauk, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Carrie A. Ciganek of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he received the effective assistance of counsel (see People v. Ford, 86 N.Y.2d 397). His attorney negotiated an advantageous plea agreement that substantially limited the defendant's exposure to imprisonment (see People v. Ladelokun, 192 A.D.2d 723; People v. Nicholls, 157 A.D.2d 1004). Further, the defendant acknowledged at the plea proceeding that he was satisfied with the representation of his current attorney (see People v. Weekes, 289 A.D.2d 599; People v. Bristol, 273 A.D.2d 248; People v. Vega, 256 A.D.2d 367). The defendant's claims regarding matters dehors the record are not reviewable on direct appeal (see People v. Denny, 95 N.Y.2d 921; People v. Weathers, 287 A.D.2d 753).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 481 (N.Y. App. Div. 2003)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE, ETC., respondent, v. WILFREDO TORRES, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 2003

Citations

302 A.D.2d 481 (N.Y. App. Div. 2003)
754 N.Y.S.2d 894

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