Opinion
69 KA 11-00349.
02-05-2016
The PEOPLE of the State of New York, Respondent, v. Dandre R. MARTIN, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his guilty plea of two counts of attempted robbery in the second degree (Penal Law §§ 110.00, 160.102[b] ). Contrary to defendant's contention, he knowingly, voluntarily, and intelligently waived both his right to appeal the conviction, as well as his separate and distinct right to appeal the harshness of the sentence (see People v. Rodman, 104 A.D.3d 1186, 1188, 960 N.Y.S.2d 784, lv. denied 22 N.Y.3d 1202, 986 N.Y.S.2d 422, 9 N.E.3d 917; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272).
Defendant contends that he was denied effective assistance of counsel at sentencing. To the extent that defendant's contention survives his plea of guilty and valid waiver of the right to appeal (see People v. Bonavito, 121 A.D.3d 1499, 1500, 992 N.Y.S.2d 830, lv. denied 25 N.Y.3d 988, 10 N.Y.S.3d 531, 32 N.E.3d 968), we conclude that it is without merit (see generally People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265). The record establishes that defendant received “an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” (Ford, 86 N.Y.2d at 404, 633 N.Y.S.2d 270, 657 N.E.2d 265).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, LINDLEY, DeJOSEPH, and SCUDDER, JJ., concur.