People v Sims, 41 NY3d at 995 (2024)

2024 NY Slip Op 02083 [41 NY3d 995]
April 18, 2024
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Yasif Sims, Appellant.

Argued March 14, 2024; decided April 18, 2024

People v Sims, 207 AD3d 882, affirmed.

{**41 NY3d at 995} OPINION OF THE COURT

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.