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People v. Garnett

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 813 (N.Y. App. Div. 1995)

Opinion

January 30, 1995

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment and the amended judgment are affirmed.

Contrary to the defendant's contention, the County Court's inquiry sufficiently established that the defendant knew that he had sold more than one milligram of lysergic acid diethylamide to an undercover police officer (see, Penal Law § 220.39; People v. Ryan, 82 N.Y.2d 497; People v. Lopez, 71 N.Y.2d 662, 665-666).

The defendant's contention that he did not receive the effective assistance of counsel is without merit (see, People v Baldi, 54 N.Y.2d 137). The record reveals that the defendant's 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).

Since the defendant pleaded guilty with the understanding that he would receive the sentence that was thereafter imposed, he has no basis to complain that his sentence is excessive (see, People v. Kazepis, 101 A.D.2d 816).

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Garnett

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 813 (N.Y. App. Div. 1995)
Case details for

People v. Garnett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL K. GARNETT…

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

Date published: Jan 30, 1995

Citations

211 A.D.2d 813 (N.Y. App. Div. 1995)
621 N.Y.S.2d 669

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