People v. Gregg

Appeal from a judgment of the Wyoming County Court (Mi

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 attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [9]). To the extent that defendant’s contention that he was denied effective assistance of counsel at sentencing survives his guilty plea (see People v Shaffner, 96 AD3d 1689 , 1690 [2012]), we conclude that it lacks merit. “Defendant was sentenced in accordance with the plea agreement, and any alleged deficiencies in defense counsel’s representation at sentencing do not constitute ineffective assistance” (People v Bolster, 266 AD2d 928 , 928-929 [1999], lv denied 94 NY2d 860 [1999]; see generally People v Baldi, 54 NY2d 137 , 147 [1981]). At sentencing, just as at a trial or plea proceeding, “[a] contention of ineffective assistance . . . requires proof of less than meaningful representation, rather than simple disagreement with strategies and tactics” (People v Rivera, 71 NY2d 705 , 708-709 [1988]; see People v Lane, 60 NY2d 748 , 749-751 [1983]). Present — Centra, J.P., Fahey, Lindley, Sconiers and Valentino, JJ.