Opinion
May 11, 1987
Appeal from the County Court, Nassau County (Harrison, J.).
Ordered that the order is affirmed.
Contrary to defendant's contention on appeal, he did not enter an Alford plea (North Carolina v. Alford, 400 U.S. 25) as he did not assert his innocence at either his plea or sentencing proceedings (see, People v. Serrano, 15 N.Y.2d 304). The defendant's motion was properly denied without a hearing (see, CPL 440.10). It cannot be said that the defense counsel's advice to the defendant to accept the plea bargain constituted ineffective assistance of counsel. The defendant obtained a plea bargain which afforded him concurrent rather than consecutive sentences, in addition to the dismissal of a pending indictment and a felony complaint. Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.