People v. Burgess

209 A.D.2d 359, 619 N.Y.S.2d 555, 1994 N.Y. App. Div. LEXIS 11798

Opinion

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered April 13, 1993, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 11 to 22 years, unanimously affirmed.

The record reveals that trial counsel made the appropriate pretrial motions and negotiated a favorable plea, and does not otherwise support defendant’s contention that due to ineffective representation his plea was not knowing, intelligent and voluntary (see, People v Kirkland, 192 AD2d 414, lv denied 81 NY2d 1075). Nor do we perceive any abuse of sentencing discretion. Concur—Wallach, J. P., Ross, Rubin, Nardelli and Tom, JJ.