42 A.D.3d 581
N.Y. App. Div.
2007

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ROSCOE S. ROBINSON, Appellant.

Appellate Division of the Supreme Court of New York

837 NYS2d 879

Rose, J. Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 17, 2006, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

In full satisfaction of an indictment charging him with four drug-related crimes, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree. County Court thereafter sentenced him in accordance with the plea agreement to a prison term of 4 to 8 years. This appeal by defendant ensued and we now affirm.

Defendant‘s contention that he was denied the effective assistance of counsel is unpreserved for our review given his failure to move to withdraw his plea or vacate the judgment of conviction (see People v Masters, 36 AD3d 959, 960 [2007], lv denied 8 NY3d 925 [2007]). In any event, having reviewed the record and found nothing to cast doubt upon the apparent effectiveness of counsel, we conclude that defendant received meaningful representation (see People v La Caille, 26 AD3d 592, 593 [2006], lv denied 6 NY3d 835 [2006]). We have also considered defendant‘s request that we invoke our discretionary power to reverse the judgment in the interest of justice (see CPL 470.15 [3] [c]) but, under the facts and circumstances herein, we discern no basis upon which to exercise our authority (see People v Boodrow, 30 AD3d 758, 759 [2006], lv denied 7 NY3d 900 [2006]).

Mercure, J.P., Spain, Mugglin and Kane, JJ., concur. Ordered that the judgment is affirmed.