People v Villaneuva

People v Villaneuva 2012 NY Slip Op 07521 Released on November 9, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, CARNI, VALENTINO, AND MARTOCHE, JJ.
1193 KA 10-00420

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

NELSON VILLANEUVA, DEFENDANT-APPELLANT.


Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered February 3, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the first degree.


DAVID M. PALMIERE, ROCHESTER, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS OF COUNSEL), FOR RESPONDENT.


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 burglary in the first degree (Penal Law §§ 110.00, 140.30 [3]). Defendant's contention that he was denied effective assistance of counsel does not survive the guilty plea where, as here, " there is no showing that the plea bargaining process was infected by any allegedly ineffective assistance or that defendant entered the plea because of his attorney['s] allegedly poor performance' " (People v Jackson, ___ AD3d ___, ___ [Oct. 5, 2012], quoting People v Burke, 256 AD2d 1244, 1244, lv denied 93 NY2d 851). We reject defendant's further contention that the sentence is unduly harsh and severe.
Entered: November 9, 2012
Frances E. Cafarell
Clerk of the Court