| People v Martin |
| 2016 NY Slip Op 00822 [136 AD3d 1310] |
| February 5, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vDandre R. Martin, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), renderedMay 29, 2012. The judgment convicted defendant, upon his plea of guilty, of attemptedrobbery in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guiltyplea of two counts of attempted robbery in the second degree (Penal Law§§ 110.00, 160.10 [2] [b]). Contrary to defendant's contention, heknowingly, voluntarily, and intelligently waived both his right to appeal the conviction,as well as his separate and distinct right to appeal the harshness of the sentence (see People v Rodman, 104AD3d 1186, 1188 [2013], lv denied 22 NY3d 1202 [2014]; cf. People v Maracle, 19 NY3d925, 928 [2012]).
Defendant contends that he was denied effective assistance of counsel at sentencing.To the extent that defendant's contention survives his plea of guilty and valid waiver ofthe right to appeal (see People vBonavito, 121 AD3d 1499, 1500 [2014], lv denied 25 NY3d 988[2015]), we conclude that it is without merit (see generally People v Ford, 86NY2d 397, 404 [1995]). The record establishes that defendant received "an advantageousplea and nothing in the record casts doubt on the apparent effectiveness of counsel"(Ford, 86 NY2d at 404). Present—Centra, J.P., Peradotto, Lindley,DeJoseph and Scudder, JJ.