People v. Branch

288 A.D.2d 55, 732 N.Y.S.2d 345, 2001 N.Y. App. Div. LEXIS 10847

Opinion

—Judgment, Supreme Court, New York County (Gerald Sheindlin, J.), rendered March 26, 1998, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

Defendant’s appellate argument that he was improperly adjudicated a persistent violent felony offender became moot when defendant was re-adjudicated a persistent violent felony offender using a new information that fully complied with CPL 400:16.

The arguments raised in defendant’s pro se supplemental brief are entirely unsubstantiated and are based on factual assertions dehors the record (see, People v Kinchen, 60 NY2d 772). The existing record establishes that defendant received meaningful representation and that his plea was voluntary. Concur — Rosenberger, J. P., Tom, Rubin, Buckley and Marlow, JJ.