PEOPLE v. PROFITT

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Egbert PROFITT, Defendant-Appellant.

Decided: November 15, 2005

SAXE, J.P., MARLOW, NARDELLI, GONZALEZ, SWEENY, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Laura Burde of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Susan Axelrod of counsel), for respondent.

Judgment, Supreme Court, New York County (Budd G. Goodman, J. on dismissal motion;  Arlene Silverman, J. at plea and sentence), rendered May 14, 2004, convicting defendant of attempted criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to a term of 1 1/212 to 3 years, unanimously affirmed.

Defendant's claim that he was deprived of his right to testify before the grand jury, and his claim of ineffective assistance of counsel on the part of his former counsel, were forfeited by his guilty plea, which was entered on the advice of his subsequent counsel (see People v. Williams, 291 A.D.2d 347, 739 N.Y.S.2d 664 [2002], lv. denied 98 N.Y.2d 682, 746 N.Y.S.2d 472, 774 N.E.2d 237 [2002];  People v. Lewis, 268 A.D.2d 294, 700 N.Y.S.2d 705 [2000], lv. denied 94 N.Y.2d 904, 707 N.Y.S.2d 389, 728 N.E.2d 988 [2000] ).   Defendant's arguments to the contrary are without merit.   In any event, were we to find that defendant's claims are not foreclosed, we would find no basis for reversal (see People v. Wiggins, 89 N.Y.2d 872, 873, 653 N.Y.S.2d 91, 675 N.E.2d 845 [1996] ).