People v Santoro

People v Santoro 2015 NY Slip Op 04869 Decided on June 10, 2015 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 June 10, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
JOSEPH J. MALTESE, JJ.
2013-03512

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

v

Philip Santoro, appellant. (S.C.I. No. 8/11)

Del Atwell, East Hampton, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Greller, J.), rendered February 27, 2013, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of driving while ability impaired by drugs.

ORDERED that the amended judgment is affirmed.

Contrary to the defendant's contentions, he was not deprived of the effective assistance of counsel during the proceedings in which he admitted to violating a condition of probation or during the proceedings in which a sentence of imprisonment was imposed upon his underlying conviction (see Strickland v Washington , 466 US 668; People v Benevento , 91 NY2d 708). The sentence imposed was not excessive (see People v Suitte , 90 AD2d 80).

DILLON, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.

ENTER: Aprilanne Agostino Clerk of the Court