| People v Griffin |
| 2014 NY Slip Op 04026 [118 AD3d 721] |
| June 4, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Ashanti Griffin, Appellant. |
Del Atwell, East Hampton, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), 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 criminalpossession of a weapon in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant claims that he was deprived of his right to be present at aSandoval hearing (see People v Dokes, 79 NY2d 656 [1992]; seegenerally People v Sandoval, 34 NY2d 371 [1974]), but he forfeited that claim bypleading guilty (see People v Henderson, 233 AD2d 253, 254 [1996]; cf.People v Dunbar, 240 AD2d 275, 275 [1997]). Likewise, the defendant forfeited hisclaim that his attorney rendered ineffective assistance of counsel at the Sandovalhearing, inasmuch as that claim "does not directly involve the plea and sentencenegotiation" (People vBennett, 115 AD3d 973, 973 [2014]; see People v Ross, 113 AD3d 877, 878 [2014]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Skelos, J.P., Balkin, Hall and Maltese, JJ., concur.