Appellate Division of the Supreme Court of New York, 2002

People v. Rodriguez

People v. Rodriguez
Appellate Division of the Supreme Court of New York · Decided June 14, 2002
295 A.D.2d 919; 744 N.Y.S.2d 734; 2002 N.Y. App. Div. LEXIS 6195
People v. Rodriguez

Opinion of the Court

—Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), *920entered May 17, 1999, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]) and sentencing him as a second felony offender to a term of incarceration of six years to life. Contrary to defendant’s contention, the bargained-for sentence is neither unduly harsh nor severe. We further reject defendant’s challenge to the constitutionality of the second felony offender sentencing scheme (see People v Rosen, 96 NY2d 329, 335, cert denied 534 US 899; People v Perez, 292 AD2d 859). Finally, the record establishes that defendant received effective assistance of counsel (see People v Grant, 288 AD2d 898, lv denied 97 NY2d 682). Present—Pigott, Jr., P.J., Hayes, Kehoe, Gorski and Lawton, JJ.

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