Opinion
November 13, 2000.
Appeal from Judgment of Niagara County Court, Fricano, J. — Rape, 1st Degree.
PRESENT: PIGOTT, JR., P. J., PINE, HAYES, WISNER AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that he was denied effective assistance of counsel because his attorney allowed him to reject a plea offer that would have resulted in a drastically lower sentence ( see, Boria v. Keane, 99 F.3d 492, cert denied 521 U.S. 1118). That contention is based in large part upon facts that are outside the record and thus not subject to review on direct appeal ( see, People v. Dibble [appeal No. 2], 277 A.D.2d 969 [decided herewith]; People v. Ford, 184 A.D.2d 1013, lv denied 80 N.Y.2d 929). The appropriate vehicle for review is through commencement of a proceeding pursuant to CPL article 440 ( see, People v Steele, 135 A.D.2d 673, lv denied 70 N.Y.2d 1011; see, e.g., People v. Sherk, 269 A.D.2d 755, lv denied 95 N.Y.2d 804). Based on the record before us, we conclude that defense counsel's performance amply met the standard of meaningful representation.
The sentence, as modified by operation of law ( see, Penal Law § 70.30 [e] [i], [vi]), is neither unduly harsh nor severe.