THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MATTHEW SANDERS DEFENDANT APPELLANT (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1] ), defendant contends that he was denied effective assistance of counsel based on defense counsel's failure to secure a more favorable sentence.   To the extent that defendant's contention survives the plea (see People v. Gross, 50 AD3d 1577), it is lacking in merit (see generally People v. Ford, 86 N.Y.2d 297, 404).  “Defense counsel negotiated ‘an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel’ “ (Gross, 50 AD3d 1577, quoting Ford, 86 N.Y.2d at 404).

We reject the further contention of defendant that County Court erred in determining that he voluntarily waived his Miranda rights prior to making incriminating statements to the police and thus erred in refusing to suppress those statements.   The court's determination is entitled to deference and will not be disturbed where it is supported by the record (see People v. McAvoy, 70 AD3d 1467;  see generally People v. Prochilo, 41 N.Y.2d 759, 761).   Here, the record of the suppression hearing establishes that a detective read defendant his Miranda rights from a standard Miranda waiver form and defendant thereafter stated that he understood his rights and was willing to speak with the police.

Finally, the sentence is not unduly harsh or severe.

Patricia L. Morgan

Clerk of the Court