Opinion
1128 KA 16-00330
12-23-2021
The PEOPLE of the State of New York, Respondent, v. Josiah J. CHANDLER, Defendant-Appellant.
KATHLEEN A. KUGLER, CONFLICT DEFENDER, LOCKPORT (JESSICA J. BURGASSER OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
KATHLEEN A. KUGLER, CONFLICT DEFENDER, LOCKPORT (JESSICA J. BURGASSER OF COUNSEL), FOR DEFENDANT-APPELLANT.
BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of, inter alia, attempted murder in the second degree ( Penal Law §§ 110.00, 125.25 [1] ), defendant contends that County Court erred in accepting his plea. Defendant failed to preserve his contention for our review because he did not move to withdraw the plea or to vacate the judgment of conviction (see People v. Sierra-Garcia , 195 A.D.3d 1574, 1574, 145 N.Y.S.3d 884 [4th Dept. 2021] ), and this case does not fall within the narrow exception to the preservation rule set forth in People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 (1988). To the extent that defendant's further contention that he was denied effective assistance of counsel survives his plea (see People v. Molski , 179 A.D.3d 1540, 1540, 118 N.Y.S.3d 870 [4th Dept. 2020], lv denied 35 N.Y.3d 972, 125 N.Y.S.3d 7, 148 N.E.3d 471 [2020] ; see generally People v. Rivera , 195 A.D.3d 1591, 1591, 145 N.Y.S.3d 910 [4th Dept. 2021], lv denied 37 N.Y.3d 995, 152 N.Y.S.3d 402, 174 N.E.3d 342 [2021] ), we conclude that defendant received meaningful representation (see generally People v. Baldi , 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981] ). Finally, the sentence is not unduly harsh or severe.