Opinion
586 KA 13-01550
05-01-2015
The PEOPLE of the State of New York, Respondent, v. Anthony J. MANGIARELLA, Defendant–Appellant.
Tyson Blue, Canandaigua, for Defendant–Appellant. R. Michael Tantillo, District Attorney, Canandaigua (James Ritts of Counsel), for Respondent.
Tyson Blue, Canandaigua, for Defendant–Appellant.
R. Michael Tantillo, District Attorney, Canandaigua (James Ritts of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, and VALENTINO, JJ.
Opinion MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of rape in the second degree (Penal Law § 130.30[1] ). Defendant contends that he was denied effective assistance of counsel because his first attorney failed to resolve the case pursuant to a preindictment plea offer that would have resulted in a less severe sentence (see generally Lafler v. Cooper, ––– U.S. ––––, ––––, 132 S.Ct. 1376, 1384–1385, 182 L.Ed.2d 398 ). Although that contention survives defendant's guilty plea inasmuch as he contends that his plea was infected by the alleged ineffective assistance (see People v. Peterson, 56 A.D.3d 1230, 1230, 866 N.Y.S.2d 915 ), it involves matters outside the record on appeal, including “attorney-client consultations and the attorney's plea-bargaining strategy” (People v. Harmon, 50 A.D.3d 318, 319, 854 N.Y.S.2d 714, lv. denied 10 N.Y.3d 935, 862 N.Y.S.2d 341, 892 N.E.2d 407 ), and thus is properly raised by way of a motion pursuant to CPL 440.10 (see People v. Manor, 121 A.D.3d 1581, 1583, 993 N.Y.S.2d 424 ; People v. Flowers, 309 A.D.2d 1237, 1238, 764 N.Y.S.2d 740, lv. denied 1 N.Y.3d 571, 775 N.Y.S.2d 788, 807 N.E.2d 901 ; People v. Bennett, 277 A.D.2d 1008, 1008, 716 N.Y.S.2d 631, lv. denied 96 N.Y.2d 780, 725 N.Y.S.2d 644, 749 N.E.2d 213 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.