People v. Griffin

• Citation: 2014 N.Y. Slip Op. 04026,118 A.D.3d 721,986 N.Y.S.2d 358
• Parties: The PEOPLE, etc., respondent, v. Ashanti GRIFFIN, appellant.
• Decision Date: 04 June 2014
• Court: New York Supreme Court — Appellate Division

118 A.D.3d 721

986 N.Y.S.2d 358

2014 N.Y. Slip Op. 04026

The PEOPLE, etc., respondent,

v.Ashanti GRIFFIN, appellant.

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

June 4, 2014.

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

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

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered November 18, 2009, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant claims that he was deprived of his right to be present at a Sandoval hearing ( see People v. Dokes, 79 N.Y.2d 656, 584 N.Y.S.2d 761, 595 N.E.2d 836;see generally People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413), but he forfeited that claim by pleading guilty ( see People v. Henderson, 233 A.D.2d 253, 254, 650 N.Y.S.2d 640;cf. People v. Dunbar, 240 A.D.2d 275, 275, 660 N.Y.S.2d 109). Likewise, the defendant forfeited his claim that his attorney rendered ineffective assistance of counsel at the Sandoval hearing, inasmuch as that claim “does not directly involve the plea and sentence negotiation” ( People v. Bennett, 115 A.D.3d 973, 973, 982 N.Y.S.2d 554;see People v. Ross, 113 A.D.3d 877, 878, 979 N.Y.S.2d 160).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.