Opinion
2816.
Decided February 10, 2004.
Judgment, Supreme Court, Bronx County (John Moore, J.), rendered March 30, 1995, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him, as a juvenile offender, to a term of 8 years to life, unanimously affirmed.
Jillian Wieder, for Respondent.
Marsha R. Taubenhaus, for Defendant-Appellant.
Before: Tom, J.P., Andrias, Sullivan, Lerner, JJ.
Given the heinous circumstances of the crime and the strength of the People's case, counsel rendered effective assistance when he negotiated a plea involving a sentence that was less than the maximum ( see People v. Ford, 86 N.Y.2d 397, 404), and counsel was not obligated to request even further leniency at sentencing. We note that such an argument, if successful, ran the risk of undoing the plea agreement pursuant to People v. Farrar ( 52 N.Y.2d 302, 307-308).
The record does not support defendant's claim that the court's comments at sentencing exhibited bias.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.