Majority
p. 195The People of the State of New York, Respondent, v Radames Montes, Appellant. [697 NYS2d 9]
—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 3, 1996, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.
To the extent that defendant’s ineffective assistance of
p. 196
counsel claim makes factual assertions unsupported by the record, such claim would require a motion pursuant to CPL 440.10. On the existing record, we find that defendant received meaningful representation in connection with his plea and sentence (see, People v Ford, 86 NY2d 397 , 404). Concur — Sullivan, J. P., Nardelli, Williams, Rubin and Andrias, JJ.
Cases cited
- People v. Ford 86 NY2d 397 at 404 p. 196