| People v Portillo |
| 2012 NY Slip Op 04196 [95 AD3d 1361] |
| May 30, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JosePortillo, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Cristin N. Connellof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered November 24, 2009, convicting him of murder in the second degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that he was deprived of the effective assistance of counsel at thesentencing proceeding is without merit. Specifically, counsel was not ineffective for failing torequest that the sentencing court impose a sentence even more lenient than what was promised bythe Supreme Court at the plea proceeding, especially when the presentence report indicated thatthe defendant failed to truly take responsibility for stabbing the unarmed victim in the back, asthe victim was fleeing from him (see People v Abrams, 272 AD2d 406 [2000]; seegenerally People v Baldi, 54 NY2d 137, 147 [1981]; Strickland v Washington, 466US 668 [1984]).
The defendant's remaining contention is without merit. Balkin, J.P., Leventhal, Hall andCohen, JJ., concur.