People v Gauthier
2004 NYSlipOp 00610
February 10, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 21, 2004


The People of the State of New York, Respondent,
v
Hiussam Gauthier, Also Known as Hissan Gootwier, Appellant.

—Judgment, Supreme Court, New York County (Laura Ward, J.), rendered May 21, 2002, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

After a suitable inquiry, the court properly denied defendant's motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary, and that defendant received effective assistance (see People v Ford, 86 NY2d 397, 404 [1995]). We have considered and rejected defendant's remaining arguments. Concur—Nardelli, J.P., Mazzarelli, Ellerin and Friedman, JJ.