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People v. Rodriguez

244 A.D.2d 229 Court N.Y. App. Div. Decision date 1997-11-18 English

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p. 229
The People of the State of New York, Respondent, v Frank Rodriguez, Appellant.
[664 NYS2d 916]

—Judgment, Supreme Court, Bronx County (Robert Strauss, J.), rendered January 2, 1996, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree and criminal sale of a controlled substance in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 6 years to life, unanimously affirmed.

The totality of the circumstances reveals that defendant received effective assistance of counsel (see, People v Baldi, 54 NY2d 137 ). In light of all the circumstances, there is no merit to defendant’s claim that counsel’s failure to pursue a Huntley hearing constituted ineffective assistance of counsel (see, People v Ford, 86 NY2d 397 , 404).

We perceive no abuse of sentencing discretion. Concur—Sullivan, J. P., Rosenberger, Wallach, Nardelli and Colabella, JJ.

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