People v Pinckney
2012 NY Slip Op 06977 [99 AD3d 946]
October 17, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Damien T. Pinckney, Appellant.

—[*1] Del Atwell, East Hampton, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered March 22, 2011, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v Ford, 86 NY2d 397, 404 [1995]). Rivera, J.P., Florio, Dickerson, Leventhal and Lott, JJ., concur.