People v Pinckney

People v Pinckney 2012 NY Slip Op 06977 Decided on October 17, 2012 Appellate Division, Second Department 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.

Decided on October 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
2011-03102
(Ind. No. 2446/10)

[*1]The People of the State of New York, respondent,

v

Damien T. Pinckney, appellant.




Del Atwell, East Hampton, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael
Blakey of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered March 22, 2011, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v Ford, 86 NY2d 397, 404).
RIVERA, J.P., FLORIO, DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court