People v. Gross

Apr 25, 2008
Versions:50 A.D.3d 1577
855 N.Y.S.2d 398

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon a plea of guilty, of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1]), defendant contends that he received ineffective assistance of counsel. To the extent that the contention of defendant survives his plea of guilty (see People v Burke, 256 AD2d 1244 [1998], lv denied 93 NY2d 851 [1999]), we conclude that it is lacking in merit (see generally People v Ford, 86 NY2d 397, 404 [1995]). Defense counsel negotiated “an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” (id.; see People v Davis, 302 AD2d 973, 974 [2003], lv denied 100 NY2d 537 [2003]). The sentence is not unduly harsh or severe. Present—Scudder, P.J., Hurlbutt, Centra, Green and Gorski, JJ.