Opinion
2002-05801
Submitted June 11, 2003.
June 30, 2003.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered June 19, 2002, convicting him of attempted 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.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to now complain that his sentence was excessive ( see People v. Brown, 287 A.D.2d 464; People v. Kazepis, 101 A.D.2d 816). In any event, the defendant's sentence was not excessive ( see People v. Suitte, 90 A.D.2d 80).
Defense counsel's ability to limit his client's conviction to attempted criminal sale of a controlled substance in the third degree in full satisfaction of the indictment and to limit the sentence to four to eight years imprisonment refutes the defendant's claim that he was denied meaningful representation ( see People v. Ford, 86 N.Y.2d 397, 404).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, H. MILLER and CRANE, JJ., concur.