| People v Abdulla |
| 2012 NY Slip Op 06414 [98 AD3d 1253] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Saleh Abdulla,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (John L. Michalski, A.J.), rendered June10, 2009. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the firstdegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofsexual abuse in the first degree (Penal Law § 130.65 [3]). As defendant correctly contends,defense counsel erred in informing him that, despite his guilty plea, he reserved the right to argueon appeal that County Court erred in denying his pro se motion to dismiss the indictment basedon the alleged violation of his statutory right to a speedy trial (see People v Hansen, 95NY2d 227, 231 n 3 [2000]). We conclude, however, that defendant's contention that he wasthereby denied effective assistance of counsel "does not survive his guilty plea because '[t]here isno showing that the plea bargaining process was infected by any allegedly ineffective assistanceor that defendant entered the plea because of his attorney[']s allegedly poor performance' " (People v La Bar, 16 AD3d 1084,1085 [2005], lv denied 5 NY3d 764 [2005]). The record establishes that defendantadmitted at the plea and at sentencing that he pleaded guilty in order to avoid a lengthy prisonsentence. Indeed, defendant was indicted on three class B violent felony offenses and thus facedthe possibility of consecutive terms of imprisonment ranging from 5 to 25 years (see§§ 70.02 [3] [a]; 70.25 [1]). Defendant pleaded guilty to a class D violent felonyoffense and was sentenced to a determinate term of imprisonment of two years and a two-yearperiod of postrelease supervision. In any event, we note that the record establishes thatdefendant's statutory speedy trial rights were not violated. Present—Scudder, P.J., Fahey,Lindley, Sconiers and Martoche, JJ.