Opinion
October 24, 1988
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed.
The allegations upon which the defendant predicates his contention that he was deprived of the effective assistance of counsel are belied by his unequivocal responses to questions asked by the trial court during his plea allocution. The defendant informed the trial court that assigned counsel had discussed with him the defenses of agency and entrapment and denied that counsel had ever advised him that she would not defend him at a trial of the crimes charged in the indictment if he declined the plea agreement and requested a trial. The record reveals that counsel provided the defendant with "meaningful representation" (see, People v Baldi, 54 N.Y.2d 137).
Furthermore, the indeterminate sentence of from 3 to 9 years' imprisonment imposed upon the defendant's conviction of a class B felony was a proper exercise of the court's discretion and we decline to substitute our discretion for that of the sentencing court. The sentence imposed was the result of a negotiated plea agreement which substantially reduced the defendant's sentencing exposure. Therefore, he cannot now complain that the sentence was unduly harsh or excessive (see, People v Perkins, 130 A.D.2d 521, lv denied 70 N.Y.2d 716; People v Carbone, 117 A.D.2d 612, lv denied 67 N.Y.2d 881; People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.