People v. Johnson

236 A.D.2d 299, 654 N.Y.S.2d 302, 1997 N.Y. App. Div. LEXIS 1424

Opinion

—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered November 5, 1993, convicting defendant, after a jury trial, of rape in the first degree and sodomy in the first degree, and resentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life, unanimously affirmed.

Defendant was properly resentenced as a persistent felony offender (see, People v Harris, 61 NY2d 9, 15). On the totality of the record, we conclude that defendant received effective assistance of counsel at his 1985 conviction by guilty plea (see, People v Ford, 86 NY2d 397, 404). Concur—Sullivan, J. P., Ellerin, Tom and Andrias, JJ.