Opinion
2012-10-24
The PEOPLE, etc., respondent, v. Larry PHILPOT, appellant.
Michael G. Paul, New City, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Michael G. Paul, New City, 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 (Greller, J.), rendered October 11, 2011, convicting him of criminal sale of a controlled substance in or near school grounds (two counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the County Court adhered to the terms and conditions of the plea agreement. An objective reading of the plea agreement demonstrates that its terms were complied with, and the defendant's misinterpretation of the agreement, or his disappointment with his sentence, does not suffice as a reason for vacating his plea of guilty ( see People v. Cataldo, 39 N.Y.2d 578, 579–580, 384 N.Y.S.2d 763, 349 N.E.2d 863;People v. Rodriguez, 98 A.D.3d 693, 950 N.Y.S.2d 279;People v. Hulsey, 244 A.D.2d 358, 359, 665 N.Y.S.2d 326;People v. Martin, 235 A.D.2d 551, 653 N.Y.S.2d 863;People v. Davis, 161 A.D.2d 787, 788, 556 N.Y.S.2d 664;People v. Welch, 129 A.D.2d 752, 514 N.Y.S.2d 513).
The defendant's contention that he was deprived of the effective assistance of counsel is without merit. His argument that, at sentencing, his attorney “did little” to attempt to obtain a sentence less than the one actually imposed, is belied by the record. Furthermore, the defendant received an advantageous plea and the record does not cast doubt on the apparent effectiveness of counsel ( see People v. Henry, 95 N.Y.2d 563, 566, 721 N.Y.S.2d 577, 744 N.E.2d 112;People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265;People v. Moss, 74 A.D.3d 1360, 903 N.Y.S.2d 265;People v. Garrett, 68 A.D.3d 781, 782, 888 N.Y.S.2d 908;People v. Boodhoo, 191 A.D.2d 448, 449, 593 N.Y.S.2d 882).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contentions are without merit.