Opinion
06-09-2017
The PEOPLE of the State of New York, Respondent, v. Charles T. BRINSON, Jr., Defendant–Appellant.
Andrea J. Schoeneman, Conflict Defender, Canandaigua (Robert Tucker of Counsel), for Defendant–Appellant. R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for Respondent.
Andrea J. Schoeneman, Conflict Defender, Canandaigua (Robert Tucker of Counsel), for Defendant–Appellant.
R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for Respondent.
PRESENT: WHALEN, P.J., SMITH, DeJOSEPH, TROUTMAN, AND SCUDDER, JJ.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, six counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ). Defendant's contention that he was denied effective assistance of counsel based upon defense counsel's alleged failure to pursue a meritorious speedy trial motion does not survive his plea or the valid waiver of the right to appeal "inasmuch as defendant failed to demonstrate that the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [defense counsel's] allegedly poor performance" (People v. Lucieer, 107 A.D.3d 1611, 1612, 967 N.Y.S.2d 575 [internal quotation marks omitted] ). In any event, it appears from the record before us that defendant did not have a meritorious speedy trial claim, and thus defense counsel " ‘was not ineffective in failing to pursue a motion that had no chance of success' " (id. ; see generally People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ). Defendant's further contention that the sentence is unduly harsh and severe also is encompassed by the valid waiver of the right to appeal (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; People v. Carter, 147 A.D.3d 1540, 1540, 46 N.Y.S.3d 812 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.