PEOPLE v. BROWN (2008)

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered April 11, 2006, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Pursuant to a negotiated plea agreement, defendant pleaded guilty to assault in the second degree in full satisfaction of the charges pending against him.   County Court sentenced him in accordance with the plea agreement as a second felony offender to three years in prison, with five years of postrelease supervision.   Defendant now appeals.

 We affirm.   Defendant's challenge to the voluntariness of his guilty plea is not properly before us given his failure to move to withdraw his plea or vacate the judgment of conviction (see People v. Folk, 43 A.D.3d 1229, 1230, 842 N.Y.S.2d 108 [2007], lv. denied 9 N.Y.3d 1033, 852 N.Y.S.2d 18, 881 N.E.2d 1205 [2008] ).   In any event, our review of the record satisfies us that, contrary to his contention, defendant was not coerced into pleading guilty and defendant's plea was entered voluntarily, knowingly and intelligently (see People v. Denson, 40 A.D.3d 1266, 1266, 836 N.Y.S.2d 346 [2007];  People v. Bowman, 34 A.D.3d 935, 937, 823 N.Y.S.2d 604 [2006], lv. denied 8 N.Y.3d 844, 830 N.Y.S.2d 703, 862 N.E.2d 795 [2007] ).

 We also find defendant's contention that he received ineffective assistance of counsel to be without merit.   Counsel made appropriate pretrial motions and negotiated an advantageous plea agreement to a lower level felony (see People v. Ellis, 43 A.D.3d 485, 487, 840 N.Y.S.2d 241 [2007], lv. denied 9 N.Y.3d 961, 848 N.Y.S.2d 29, 878 N.E.2d 613 [2007];  People v. Laffin, 29 A.D.3d 1034, 1034-1035, 814 N.Y.S.2d 358 [2006], lv. denied 7 N.Y.3d 791, 821 N.Y.S.2d 821, 854 N.E.2d 1285 [2006] ).   Although there was some general confusion as to the terms of incarceration and postrelease supervision, there is nothing in the record that casts doubt on counsel's effectiveness (see People v. Ming, 35 A.D.3d 962, 965, 825 N.Y.S.2d 825 [2006], lv. denied 8 N.Y.3d 883, 832 N.Y.S.2d 495, 864 N.E.2d 625 [2007];  People v. Laffin, 29 A.D.3d at 1034-1035, 814 N.Y.S.2d 358).   Finally, defendant's sentence was neither harsh nor excessive.   Defendant was sentenced in accordance with his plea agreement and, given his extensive criminal history, we find no extraordinary circumstances warranting a reduction in sentencing (see People v. Cain, 29 A.D.3d 1157, 1157, 814 N.Y.S.2d 417 [2006] ).

ORDERED that the judgment is affirmed.

PETERS, J.P.

ROSE, LAHTINEN, KANE and MALONE JR., JJ., concur.