| People v Brinson |
| 2017 NY Slip Op 04680 [151 AD3d 1726] |
| June 9, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Charles T. Brinson, Jr., Appellant. |
Andrea J. Schoeneman, Conflict Defender, Canandaigua (Robert Tucker of counsel), fordefendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of counsel),for respondent.
Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered July16, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal sale of acontrolled substance in the third degree (six counts) and criminal sale of marihuana in the fourthdegree.
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 of,inter alia, six counts of criminal sale of a controlled substance in the third degree (Penal Law§ 220.39 [1]). Defendant's contention that he was denied effective assistance ofcounsel based upon defense counsel's alleged failure to pursue a meritorious speedy trial motiondoes not survive his plea or the valid waiver of the right to appeal "inasmuch as defendant failedto demonstrate that the plea bargaining process was infected by [the] allegedly ineffectiveassistance or that defendant entered the plea because of [defense counsel's] allegedly poorperformance" (People v Lucieer,107 AD3d 1611, 1612 [2013] [internal quotation marks omitted]). In any event, it appearsfrom the record before us that defendant did not have a meritorious speedy trial claim, and thusdefense counsel " 'was not ineffective in failing to pursue a motion that had no chance ofsuccess' " (id.; seegenerally People v Caban, 5 NY3d 143, 152 [2005]). Defendant's further contention thatthe sentence is unduly harsh and severe also is encompassed by the valid waiver of the right toappeal (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Carter, 147 AD3d 1540,1540 [2017]). Present—Whalen, P.J., Smith, DeJoseph, Troutman and Scudder, JJ.