People v. Welch

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 9, 1996, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing.

Contrary to the defendant’s contention, we find that he was not denied the effective assistance of trial counsel. Rather, counsel’s advocacy…