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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RONALD E. HOYER, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Monroe County (Francis A. Affronti, J.), entered April 12, 2012. The order denied the motion of defendant to vacate the judgment of conviction pursuant to CPL 440.10.
It is hereby ORDERED that the order so appealed from is unanimously affirmed.
With respect to defendant's remaining contention that he also was denied effective assistance of counsel based on defense counsel's failure to seek dismissal of the indictment pursuant to CPL 30.30, we conclude that the court properly determined that defendant received meaningful representation inasmuch as he received “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). We note that, in People v. Peque (22 NY3d 168, 195–196), the Court of Appeals overruled “only so much of Ford as suggests that a trial court's failure to tell a defendant about potential deportation is irrelevant to the validity of the defendant's guilty plea,” and did not otherwise disturb that part of Ford addressed to a defendant's constitutional right to effective assistance of counsel in the context of a guilty plea (see People v. Vargas, 112 AD3d 979, 980).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 12–00969
Decided: July 11, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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