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People v. Alleyne

Supreme Court, Appellate Division, Second Department, New York.
Dec 8, 2021
200 A.D.3d 793 (N.Y. App. Div. 2021)

Opinion

2018–15181 Ind. No. 112/16

12-08-2021

The PEOPLE, etc., respondent, v. Adrian ALLEYNE, appellant.

Craig S. Leeds, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.


Craig S. Leeds, New York, NY, for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.

REINALDO E. RIVERA, J.P., VALERIE BRATHWAITE NELSON, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered January 18, 2017, convicting him of criminal sale of a firearm in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal sale of a firearm in the third degree, and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the plea allocution was factually sufficient and the record as a whole demonstrates that his plea of guilty was knowing, voluntary, and intelligent (see People v. Conceicao, 26 N.Y.3d 375, 383, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Chavies, 189 A.D.3d 1452, 1453, 134 N.Y.S.3d 757 ).

The defendant was not deprived of the effective assistance of counsel (see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 ; People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Arce, 196 A.D.3d 696, 148 N.Y.S.3d 687 ).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

RIVERA, J.P., BRATHWAITE NELSON, FORD and DOWLING, JJ., concur.


Summaries of

People v. Alleyne

Supreme Court, Appellate Division, Second Department, New York.
Dec 8, 2021
200 A.D.3d 793 (N.Y. App. Div. 2021)
Case details for

People v. Alleyne

Case Details

Full title:The PEOPLE, etc., respondent, v. Adrian ALLEYNE, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Dec 8, 2021

Citations

200 A.D.3d 793 (N.Y. App. Div. 2021)
155 N.Y.S.3d 133

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