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People v. Gregg

Supreme Court of New York, Fourth Department

June 7, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
NOAH GREGG, DEFENDANT-APPELLANT.

Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered January 10, 2012. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.

NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (GREGORY A. KILBURN OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD G. O'GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND VALENTINO, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [9]). To the extent that defendant's contention that he was denied effective assistance of counsel at sentencing survives his guilty plea (see People v Shaffner, 96 A.D.3d 1689, 1690), we conclude that it lacks merit. "Defendant was sentenced in accordance with the plea agreement, and any alleged deficiencies in defense counsel's representation at sentencing do not constitute ineffective assistance" (People v Bolster, 266 A.D.2d 928, 928-929, lv denied 94 N.Y.2d 860; see generally People v Baldi, 54 N.Y.2d 137, 147). At sentencing, just as at a trial or plea proceeding, "[a] contention of ineffective assistance... requires proof of less than meaningful representation, rather than simple disagreement with strategies and tactics" (People v Rivera, 71 N.Y.2d 705, 708-709; see People v Lane, 60 N.Y.2d 748, 749-751).


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