Opinion
2011-12-23
The PEOPLE of the State of New York, Respondent, v. Christopher J. CARMODY, Defendant–Appellant.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered June 10, 2010. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree and criminal sexual act in the third degree.O'Connor & Kruman, P.C., Cortland (A.L. Beth O'Connor of counsel), for defendant–appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered June 10, 2010. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree and criminal sexual act in the third degree.O'Connor & Kruman, P.C., Cortland (A.L. Beth O'Connor of counsel), for defendant–appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of rape in the third degree (Penal Law § 130.25[2] ) and criminal sexual act in the third degree (§ 130.40[2] ). To the extent that defendant's contention that he was denied effective assistance of counsel survives his guilty plea ( see *894 People v. Bethune, 21 A.D.3d 1316, 801 N.Y.S.2d 196, lv. denied 6 N.Y.3d 752, 810 N.Y.S.2d 420, 843 N.E.2d 1160), that contention lacks merit ( see generally People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265). Defendant received “an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” ( id.). The sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.