People v. Gladstone
| Decision Date | 13 May 1997 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Garnett GLADSTONE, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ellen Sue Handman, for respondent.
Polly N. Passonneau, for defendant-appellant.
Before ELLERIN, J.P., and WALLACH, RUBIN and MAZZARELLI, JJ.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 30, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.
The existing record, which defendant has not amplified by way of a motion to vacate the judgment, belies defendant's claim of ineffective assistance of counsel, since the record shows that defense counsel discussed defendant's various legal rights with him (see, People v. Love, 57 N.Y.2d 998, 1000, 457 N.Y.S.2d 238, 443 N.E.2d 486). Defense counsel procured an extremely favorable plea bargain for defendant (see, People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265), and defendant was well-advised to accept the generous offer prior to a determination on his motion to suppress, since a denial of the motion could have led to withdrawal of the offer (People v. Strempack, 71 N.Y.2d 1015, 530 N.Y.S.2d 100, 525 N.E.2d 746).
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