Opinion
04-18-2024
The PEOPLE of the State of New York, Respondent, v. Yasif SIMS, Appellant.
Noreen McCarthy, Keene Valley, for appellant. Letitia James, Attorney General, New York City (James F. Gibbons, Barbara D. Underwood, Nikki Kowalski and Ira M. Feinberg of counsel), for respondent.
Noreen McCarthy, Keene Valley, for appellant.
Letitia James, Attorney General, New York City (James F. Gibbons, Barbara D. Underwood, Nikki Kowalski and Ira M. Feinberg of counsel), for respondent.
OPINION OF THE COURT
MEMORANDUM.
995The order of the Appellate Division should be affirmed.
996Defendant’s claim that the sentencing court conducted an inadequate inquiry into his violation of plea conditions before imposing an enhanced sentence, to the degree "readily discernible from the hearing transcript" (People v. Albergotti, 17 N.Y.3d 748, 750, 929 N.Y.S.2d 18, 952 N.E.2d 1010 [2011]), is without merit. The court conducted an appropriate inquiry and provided defendant with an opportunity to dispute the factual basis for the alleged violation (see People v. Outley, 80 N.Y.2d 702, 713, 594 N.Y.S.2d 683. 610 N.E.2d 356 [1993]; People, v. Valencia, 3 N.Y.3d 714, 716, 786 N.Y.S.2d 374, 819 N.E.2d 990 [2004]).
Defendant’s ineffective assistance of counsel claims are more appropriately brought in a collateral or post-conviction CPL 440.10 proceeding (see People v. Henderson, 28 N.Y.3d 63, 66, 41 N.Y.S.3d 464, 64 N.E.3d 284 [2016]).
Defendant’s argument that his postplea statements to the probation officer required further inquiry by the court is without merit (see People v. Billingsley, 54 N.Y.2d 960, 961, 445 N.Y.S.2d 148, 429 N.E.2d 826 [1981]). His contention that the court overstated his sentencing exposure is unpreserved.
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.
Order affirmed, in a memorandum.