Opinion
March 17, 1995
Appeal from the Niagara County Court, Hannigan, J.
Present — Green, J.P., Pine, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied effective assistance of counsel by his counsel's failure to inform him of a plea offer by the People. At sentencing defense counsel stated that another Public Defender had failed to communicate that offer to defendant. There is no evidentiary basis in this record to support defendant's contention. Defendant's reliance on People v. Alexander ( 136 Misc.2d 573) is misplaced; that case was decided after a hearing on defendant's CPL 440.10 motion. We conclude that defendant's sentence is neither unduly harsh nor severe.