People v. Alleyne

2021 NY Slip Op 06855, 200 A.D.3d 793, 155 N.Y.S.3d 133
Procedural entryThis page is a short order in People v. Alleyne. Read the opinion of the Court — 212 A.D.3d 660
Appellate Division of the Supreme Court of the State of New York·Decided December 8, 2021·No. Ind. No. 112/16·Published

Opinion

People v Alleyne (2021 NY Slip Op 06855)
People v Alleyne
2021 NY Slip Op 06855
Decided on December 8, 2021
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 8, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
VALERIE BRATHWAITE NELSON
WILLIAM G. FORD
DEBORAH A. DOWLING, JJ.

2018-15181
(Ind. No. 112/16)

[*1]The People of the State of New York, respondent,

v

Adrian Alleyne, appellant.


Craig S. Leeds, New York, NY, for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered January 18, 2017, convicting him of criminal sale of a firearm in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal sale of a firearm in the third degree, and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the plea allocution was factually sufficient and the record as a whole demonstrates that his plea of guilty was knowing, voluntary, and intelligent (see People v Conceicao, 26 NY3d 375, 383; People v Fiumefreddo, 82 NY2d 536, 543; People v Chavies, 189 AD3d 1452, 1453).

The defendant was not deprived of the effective assistance of counsel (see Strickland v Washington, 466 US 668; People v Benevento, 91 NY2d 708; People v Arce, 196 AD3d 696).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., BRATHWAITE NELSON, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court



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People v. Alleyne, 2021 NY Slip Op 06855, 200 A.D.3d 793, 155 N.Y.S.3d 133 (N.Y. Ct. App. 2021).

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
People v. Benevento
697 N.E.2d 584 (New York Court of Appeals, 1998)
People v. Fiumefreddo
626 N.E.2d 646 (New York Court of Appeals, 1993)
People v. Chavies
2020 NY Slip Op 07910 (Appellate Division of the Supreme Court of New York, 2020)
People v. Arce
2021 NY Slip Op 04555 (Appellate Division of the Supreme Court of New York, 2021)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)