| People v Carmody |
| 2011 NY Slip Op 09414 [90 AD3d 1526] |
| December 23, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Christopher J. Carmody, Appellant. |
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Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for
respondent.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered June 10, 2010. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree and criminal sexual act in the third degree.
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 rape in the third degree (Penal Law § 130.25 [2]) and criminal sexual act in the third degree (§ 130.40 [2]). To the extent that defendant's contention that he was denied effective assistance of counsel survives his guilty plea (see People v Bethune, 21 AD3d 1316 [2005], lv denied 6 NY3d 752 [2005]), that contention lacks merit (see generally People v Ford, 86 NY2d 397, 404 [1995]). Defendant received "an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" (id.). The sentence is not unduly harsh or severe. Present—Scudder, P.J., Centra, Fahey, Carni and Sconiers, JJ.