Opinion
2002-00748.
Decided February 23, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso, J.), rendered January 4, 2002, convicting him of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, Lorrie A. Zinno, Avemaria Thompson, and Jason Garelick of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court breached the plea agreement is not preserved for appellate review because he did not raise it at sentencing and did not move to withdraw his plea or to vacate the judgment on that ground ( see People v. Rooney, 299 A.D.2d 565; People v. Owens, 294 A.D.2d 603). In any event, the defendant expressly agreed to the sentence imposed after renewed plea negotiations with a new attorney, and he did not object to or indicate a desire to withdraw his original plea ( see People v. O'Neil, 184 A.D.2d 663).
The defendant was not deprived of the effective assistance of counsel ( see People v. Henry, 95 N.Y.2d 563; People v. Beneveto, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.