Opinion
KA 02-00707
May 2, 2003.
Appeal from a judgment of Monroe County Court (Bellini, J.), entered November 28, 2001, convicting defendant upon his plea of guilty of rape in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
The contention of defendant that he was denied effective assistance of counsel does not survive his plea of guilty ( see People v. Burke, 256 A.D.2d 1244, lv denied 93 N.Y.2d 851). The record does not support his contention that he entered the plea because of his attorney's allegedly poor performance or that "the plea bargaining process was infected by any allegedly ineffective assistance" ( id. at 1244; People v. Lebrun, 234 A.D.2d 392, lv denied 89 N.Y.2d 986). The sentence is not unduly harsh or severe.