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People v. Marshall

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 15, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
DUJUAN MARSHALL, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered September 23, 2008, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL and SHERI S. ROMAN, JJ.

(Ind. No. 08-00015)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the sentence was not excessive merely because the sentencing court considered the defendant's prior youthful offender adjudication at the time of sentencing. " [I]t is well established that in reaching a sentencing determination, the court may consider not only prior offenses for which the defendant was convicted, but even offenses for which he had not been convicted'" (People v Whitehead, 46 AD3d 715, 716, quoting People v Khan, 146 AD2d 806, 807; People v Gonzalez, 242 AD2d 306, 307).

There is no merit to the defendant's contention that he was denied the effective assistance of counsel at sentencing (see Strickland v Washington, 466 US 668).

RIVERA, J.P., COVELLO, ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

20091215

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