| People v Garrett |
| 2009 NY Slip Op 09038 [68 AD3d 781] |
| December 1, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael A. Garrett, Appellant. |
—[*1] 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 (Dolan, J.),rendered February 8, 2006, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
To the extent that the defendant's claims of ineffective assistance of trial counsel involvematter dehors the record, they may not be reviewed on direct appeal (see People v Johnson, 64 AD3d792 [2009]; People v Johnson,59 AD3d 738 [2009]; People vDallas, 31 AD3d 573, 574 [2006]). Insofar as we are able to review the defendant'sclaim of ineffective assistance of counsel, the defendant's trial counsel provided meaningfulrepresentation (see People v Henry, 95 NY2d 563, 565 [2000]; People vBenevento, 91 NY2d 708, 713 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]).Contrary to the defendant's contention, he received an advantageous plea, and the record doesnot cast doubt on the apparent effectiveness of counsel (see People v Ford, 86 NY2d397, 404 [1995]; People v Dallas, 31 AD3d at 574; People v Boodhoo, 191AD2d 448, 449 [1993]). Furthermore, the record does not support the defendant's contention thathe was denied the effective assistance of counsel under the Federal Constitution (see Hill vLockhart, 474 US 52, 59 [1985]; Strickland v Washington, 466 US 668 [1984]; People v McDonald, 1 NY3d 109,113-114 [2003]).
Moreover, since the defendant pleaded guilty with the understanding that he would receivethe sentence which thereafter was actually imposed, he has no basis to now complain that hissentence was excessive (see People vSchnoor, 63 AD3d 760 [2009], lv denied 12 NY3d 929 [2009]; People v De Alvarez, 59 AD3d732 [2009]; People v Kazepis, 101 AD2d 816 [1984]). Dillon, J.P., Miller, Eng, Halland Sgroi, JJ., concur.