THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ALPHEAUS DAILEY DEFENDANT APPELLANT (2016)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ALPHEAUS DAILEY, DEFENDANT–APPELLANT.

KA 13–01191

Decided: May 06, 2016

PRESENT: CENTRA, J.P., DEJOSEPH, CURRAN, AND SCUDDER, JJ.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 robbery in the first degree (Penal Law

§ 160.15 [4] ). Defendant contends that he was deprived of effective assistance of counsel inasmuch as Supreme Court forced him either to accept or to reject an existing plea offer after defendant complained that his attorney was not adequately representing him, but before the court assigned him new counsel. That contention does not survive the guilty plea because there is no indication in the record that the alleged ineffective assistance affected the plea that defendant later accepted (see People v. Petgen, 55 N.Y.2d 529, 534–535, rearg. denied 57 N.Y.2d 674; People v. Granger, 96 AD3d 1669, 1670, lv denied 19 NY3d 1102). The sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court

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