| People v Bean |
| 2013 NY Slip Op 00523 [102 AD3d 1062] |
| January 31, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v StaceyBean, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Garry, J. Appeal from a judgment of the County Court of Ulster County (WilliamsJr., J.), rendered July 25, 2011, convicting defendant upon his plea of guilty of the crimeof criminal sale of a firearm in the third degree.
Defendant pleaded guilty to criminal sale of a firearm in the third degree in exchangefor an agreed-upon sentence of 3½ years in prison, to be followed by three years ofpostrelease supervision. At sentencing, defendant moved to withdraw his guilty plea.County Court denied the motion and imposed the agreed-upon sentence. Defendantappeals.
We affirm. Defendant's contention that he was denied the effective assistance ofcounsel is unpersuasive. "In the context of a guilty plea, a defendant has been affordedmeaningful representation when he or she receives an advantageous plea and nothing inthe record casts doubt on the apparent effectiveness of counsel" (People v Ford,86 NY2d 397, 404 [1995] [citations omitted]; accord People v Singletary, 51 AD3d 1334, 1335 [2008],lv denied 11 NY3d 741 [2008]). Here, defendant's claimed deficiencies arebelied by the plea colloquy, wherein defendant affirmed that he had been providedsufficient time to consult with counsel and that he understood the ramifications of theplea. As defendant benefitted from a favorable plea agreement and there is nothing in therecord supporting his claim of ineffective assistance, we find that he received meaningfulrepresentation (see People vFink, 97 AD3d 974, 976 [2012]; [*2]People v White, 85 AD3d1493, 1494 [2011]). As to defendant's claim that his sentence is harsh and excessive,we discern neither an abuse of discretion nor extraordinary circumstances warranting areduction of the sentence in the interest of justice (see People v Doe, 95 AD3d 1449, 1449 [2012], lvdenied 19 NY3d 995 [2012]; People v Norton, 88 AD3d 1027, 1028-1029 [2011]).
Mercure, J.P., Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.