People v. Gutierrez

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered November 6, 1988, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the first degree.

Contrary to defendant’s claims, the record shows that his plea of guilty was voluntarily and knowingly made (see, People v Lopez, 71 NY2d 662) and that he received effective assistance of counsel (see, People v Baldi, 54 NY2d 137). Nevertheless, County Court did err in its sentencing of defendant. Defendant’s plea of guilty to the crime of attempted criminal sale…