| People v Gross |
| 2008 NY Slip Op 03861 [50 AD3d 1577] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Hiram A.Gross, Appellant. |
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Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered May10, 2005. The judgment convicted defendant, upon his plea of guilty, of attempted assault in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon a plea of guilty, ofattempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1]), defendantcontends that he received ineffective assistance of counsel. To the extent that the contention ofdefendant survives his plea of guilty (see People v Burke, 256 AD2d 1244 [1998], lvdenied 93 NY2d 851 [1999]), we conclude that it is lacking in merit (see generallyPeople v Ford, 86 NY2d 397, 404 [1995]). Defense counsel negotiated "an advantageousplea and nothing in the record casts doubt on the apparent effectiveness of counsel" (id.;see People v Davis, 302 AD2d 973, 974 [2003], lv denied 100 NY2d 537[2003]). The sentence is not unduly harsh or severe. Present—Scudder, P.J., Hurlbutt,Centra, Green and Gorski, JJ.