People v. Bean

• Decision Date: 31 January 2013
• Citation: 2013 N.Y. Slip Op. 00523,102 A.D.3d 1062,958 N.Y.S.2d 241
• Parties: The PEOPLE of the State of New York, Respondent, v. Stacey BEAN, Appellant.
• Court: New York Supreme Court — Appellate Division

102 A.D.3d 1062

958 N.Y.S.2d 241

2013 N.Y. Slip Op. 00523

The PEOPLE of the State of New York, Respondent,

v.Stacey BEAN, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Jan. 31, 2013.

Danise A. Stephens, Albany, for appellant.

D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Before: MERCURE, J.P., ROSE, LAHTINEN and GARRY, JJ.

GARRY, J.

Appeal from a judgment of the County Court of Ulster County (Williams Jr., J.), rendered July 25, 2011, convicting defendant upon his plea of guilty of the crime of criminal sale of a firearm in the third degree.

Defendant pleaded guilty to criminal sale of a firearm in the third degree in exchange for an agreed-upon sentence of 3 1/2 years in prison, to be followed by three years of postrelease supervision. At sentencing, defendant moved to withdraw his guilty plea. County Court denied the motion and imposed the agreed-upon sentence. Defendant appeals.

We affirm. Defendant's contention that he was denied the effective assistance of counsel is unpersuasive. “In the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” ( People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 [1995] [citations omitted]; accord People v. Singletary, 51 A.D.3d 1334, 1335, 858 N.Y.S.2d 483 [2008],lv. denied11 N.Y.3d 741, 864 N.Y.S.2d 400, 894 N.E.2d 664 [2008] ). Here, defendant's claimed deficiencies are belied by the plea colloquy, wherein defendant affirmed that he had been provided sufficient time to consult with counsel and that he understood the ramifications of the plea. As defendant benefitted from a favorable plea agreement and there is nothing in the record supporting his claim of ineffective assistance, we find that he received meaningful representation ( see People v. Fink, 97 A.D.3d 974, 976, 948 N.Y.S.2d 763 [2012];People v. White, 85 A.D.3d 1493, 1494, 925 N.Y.S.2d 915 [2011] ). As to defendant's claim that his sentence is harsh and excessive, we discern neither an abuse of discretion nor extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v. Doe, 95 A.D.3d 1449, 1449, 943 N.Y.S.2d 692 [2012],lvs. denied19 N.Y.3d 995, 998, 951 N.Y.S.2d 472, 474, 975 N.E.2d 918, 920 [2012];People v. Norton, 88 A.D.3d 1027, 1028–1029,...