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People v. ErwinPeople v. Erwin

Appellate Division of the Supreme Court of the State of New York
Oct 1, 2014
2013-01818
Versions:121 A.D.3d 710
992 N.Y.S.2d 893
2014 NY Slip Op 06599
2014 N.Y. App. Div. LEXIS 6563

Ordered that the judgment is affirmed.

The defendant’s contention that she was deprived of the effective assistance of counsel at the sentencing proceeding is without merit. Counsel was not ineffective for failing to request that the sentencing court impose a sentence even more lenient than what was promised by the court at the plea proceeding, given that the defendant received an advantageous plea and sentence, and the record does not cast doubt on the apparent effectiveness of counsel (see People v Henry, 95 NY2d 563, 565-566 [2000]; People v Philpot, 99 AD3d 1025 [2012]; People v Portillo, 95 AD3d 1361 [2012]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Chambers, Cohen and Barros, JJ., concur.

Case Details

Case Name: People v. Erwin
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 1, 2014
Citations: 121 A.D.3d 710; 992 N.Y.S.2d 893; 2014 NY Slip Op 06599; 2014 N.Y. App. Div. LEXIS 6563; 2013-01818
Docket Number: 2013-01818
Court Abbreviation: N.Y. App. Div.
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