Opinion
February 10, 1999
Appeal from Judgment of Jefferson County Court, Clary, J. — Rape, 1st Degree.
Present — Denman, P. J., Green, Hayes, Wisner and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to a superior court information charging him with rape in the first degree (Penal Law § 130.35) in full satisfaction of multiple potential charges that could have been presented to a Grand Jury, with the understanding that the sentence would not exceed a term of incarceration of 4 to 8 years. Defendant contends that he was deprived of his constitutional right to effective assistance of counsel. We disagree. Defense counsel obtained a substantial benefit for defendant ( see, People v. Martuzas, 224 A.D.2d 928, lv denied 88 N.Y.2d 881). The evidence, the law and the circumstances of this case, viewed in totality and as of the time of representation, establish that defense counsel provided meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147).