midpage

People v. LenoPeople v. Leno

Appellate Division of the Supreme Court of the State of New York
Sep 30, 2005
Versions:21 A.D.3d 1399
801 N.Y.S.2d 207

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (§ 220.39 [1]). The contention of defendant that he was denied effective assistance of counsel is not reviewable on direct appeal to the extent that it concerns matters outside the record on appeal (see People v Joyner, 19 AD3d 1129 [2005]; see generally CPL 440.10 [1] [f]). Defendant‘s contention otherwise does not survive the guilty plea because “[t]here is no showing that the plea bargaining process was infected by any allegedly ineffective assistance or that defendant entered the plea because of his attorney[‘s] allegedly poor performance” (People v Burke, 256 AD2d 1244, 1244 [1998], lv denied 93 NY2d 851 [1999]; see Joyner, 19 AD3d at 1130; People v La Bar, 16 AD3d 1084, 1085). The sentence is not unduly harsh or severe. Present—Hurlbutt, J.P., Scudder, Kehoe, Martoche and Hayes, JJ.

Case Details

Case Name: People v. Leno
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Sep 30, 2005
Citations: 21 A.D.3d 1399; 801 N.Y.S.2d 207
Court Abbreviation: N.Y. App. Div.
Log In