PEOPLE v. GRIMES

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

The PEOPLE, etc., respondent, v. Melvin GRIMES, appellant.

Decided: December 26, 2006

STEPHEN G. CRANE, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, and ROBERT A. SPOLZINO, JJ. Mark Diamond, New York, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered March 14, 2006, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty to criminal sale of a controlled substance in the third degree (see Penal Law § 220.39[1] ).   The plea was knowingly, voluntarily, and intelligently entered in the presence of the defendant's counsel (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;  People v. Holman, 33 A.D.3d 815, 826 N.Y.S.2d 287;  People v. Palmer, 29 A.D.3d 606, 815 N.Y.S.2d 129;  People v. Tissiera, 22 A.D.3d 611, 612, 801 N.Y.S.2d 747).   Moreover, the defendant was not denied the effective assistance of counsel.   The defense counsel obtained a favorable plea which limited the defendant's term of imprisonment and which satisfied two outstanding, unrelated felony charges.   There is nothing in the record which casts doubt upon counsel's effectiveness (see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265).

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