Opinion
March 5, 1998
Appeal from the Supreme Court, New York County (James Leff, J.).
On the existing record, which defendant has not sought to amplify by way of a CPL article 440 motion (see, People v. Rivera, 71 N.Y.2d 705), we conclude that defendant received effective assistance of counsel (People v. Ford, 86 N.Y.2d 397, 404; People v. Baldi, 54 N.Y.2d 137). Counsel negotiated a favorable plea bargain, which, although it provided for a maximum sentence on the murder conviction, also provided that defendant's sentences for various other crimes carrying potential consecutive minimum sentences would instead run concurrently with the murder sentence. The record fails to support defendant's surmise that his counsel failed to obtain or review a complete set of the People's voluntary discovery materials.
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.