PEOPLE v. ANONYMOUS (1998)

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered July 18, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 6 years to life, and order, same court and Justice, entered on or about July 30, 1996, which denied his motion pursuant to CPL § 440.20(1) to set aside his sentence, unanimously affirmed.

 Defendant's contentions regarding the purported violation of his cooperation agreement are unpreserved for appellate review since defendant, at sentencing, never argued that the court had committed a substantive or procedural error in imposing sentence, and since the court imposed a sentence within the limits authorized by statute (see, People v. Hurley, 75 N.Y.2d 887, 554 N.Y.S.2d 469, 553 N.E.2d 1017;  People v. Anonymous, 219 A.D.2d 525, 631 N.Y.S.2d 673).   In any event, pursuant to the agreement, the determination of the value of defendant's services was within the People's sole discretion and since their determination that defendant's cooperation failed to comply with the agreement was made in good faith, defendant's claim is without merit (see, People v. Anonymous, 219 A.D.2d 525, 631 N.Y.S.2d 673, lv. denied 87 N.Y.2d 844, 638 N.Y.S.2d 602, 661 N.E.2d 1383;  People v. Apolinar, 208 A.D.2d 548, 617 N.Y.S.2d 32, lv. denied 84 N.Y.2d 1028, 623 N.Y.S.2d 184, 647 N.E.2d 456).

We conclude that, under all the circumstances, counsel provided meaningful representation (People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400;  see, People v. Benevento, 91 N.Y.2d 708, 713-714, 674 N.Y.S.2d 629, 697 N.E.2d 584).

We perceive no abuse of sentencing discretion.

Oral application made at call of the calendar to release decision under the caption of “People v Anonymous” granted.

MEMORANDUM DECISION.