| People v Sims |
| 2024 NY Slip Op 02083 [41 NY3d 995] |
| April 18, 2024 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, July 10, 2024 |
| The People of the State of New York, Respondent, v Yasif Sims, Appellant. |
Argued March 14, 2024; decided April 18, 2024
Appeal, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered July 14, 2022. The Appellate Division affirmed a judgment of the St. Lawrence County Court (Jerome J. Richards, J.), which had convicted defendant, upon a plea of guilty, of criminal possession of a controlled substance in the second degree.
People v Sims, 207 AD3d 882, affirmed.
Noreen McCarthy, Keene Valley, for appellant. Letitia James, Attorney General, New York City (James F. Gibbons, Barbara D. Underwood, Nikki Kowalski and Ira M. Feinberg of counsel), for respondent. Memorandum. The order of the Appellate Division should be affirmed.{**41 NY3d at 996} Defendant's claim that the sentencing court conducted an inadequate inquiry into his violation of plea conditions before imposing an enhanced sentence, to the degree "readily discernible from the hearing transcript" (People v Albergotti, 17 NY3d 748, 750 [2011]), is without merit. The court conducted an appropriate inquiry and provided defendant with an opportunity to dispute the factual basis for the alleged violation (see People v Outley, 80 NY2d 702, 713 [1993]; People v Valencia, 3 NY3d 714, 716 [2004]). Defendant's ineffective assistance of counsel claims are more appropriately brought in a collateral or post-conviction CPL 440.10 proceeding (see People v Henderson, 28 NY3d 63, 66 [2016]). Defendant's argument that his postplea statements to the probation officer required further inquiry by the court is without merit (see People v Billingsley, 54 NY2d 960, 961 [1981]). His contention that the court overstated his sentencing exposure is unpreserved. Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur. Order affirmed, in a memorandum.