People v. Rodriguez

244 A.D.2d 229, 664 N.Y.S.2d 916, 1997 N.Y. App. Div. LEXIS 11520

Opinion

—Judgment, Supreme Court, Bronx County (Robert Strauss, J.), rendered January 2, 1996, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree and criminal sale of a controlled substance in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 6 years to life, unanimously affirmed.

The totality of the circumstances reveals that defendant received effective assistance of counsel (see, People v Baldi, 54 NY2d 137). In light of all the circumstances, there is no merit to defendant’s claim that counsel’s failure to pursue a Huntley hearing constituted ineffective assistance of counsel (see, People v Ford, 86 NY2d 397, 404).

We perceive no abuse of sentencing discretion. Concur—Sullivan, J. P., Rosenberger, Wallach, Nardelli and Colabella, JJ.