Opinion
June 14, 2002.
Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered May 17, 1999, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the second degree.
Before: Pigott, Jr., P.J., Hayes, Kehoe, Gorski and Lawton, JJ.
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 a plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41) and sentencing him as a second felony offender to a term of incarceration of six years to life. Contrary to defendant's contention, the bargained-for sentence is neither unduly harsh nor severe. We further reject defendant's challenge to the constitutionality of the second felony offender sentencing scheme (see People v. Rosen, 96 N.Y.2d 329, 335, cert denied ___ U.S. ___, 122 S Ct 224; People v. Perez, 292 A.D.2d 859). Finally, the record establishes that defendant received effective assistance of counsel (see People v. Grant, 288 A.D.2d 898, lv denied 97 N.Y.2d 682).