Opinion
April 19, 1996
Appeal from the Steuben County Court, Bradstreet, J.
Present — Pine, J.P., Wesley, Callahan, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: While represented by counsel, defendant agreed to enter an Alford plea ( see, North Carolina v Alford, 400 U.S. 25) to one count of sexual abuse in the first degree in full satisfaction of an indictment charging him with two counts of sodomy in the first degree and two counts of sexual abuse in the first degree. By entering his plea, defendant waived his non-jurisdictional challenge to the facial validity of the indictment ( see, People v. Iannone, 45 N.Y.2d 589, 600; People v Quamina, 207 A.D.2d 1030, lv denied 84 N.Y.2d 1014). It is apparent from the record that defendant knowingly and voluntarily chose to plead guilty to a class D felony rather than risk being convicted of a class B felony or felonies after trial. Defense counsel negotiated a favorable Alford plea and sentencing agreement. Thus, we conclude that defense counsel provided meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). The court imposed the sentence bargained for as part of the plea agreement; we see no basis to modify it as a matter of discretion in the interest of justice ( see, CPL 470.15 [b]).