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The People of the State of New York v. Christopher J. Carmody

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 23, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
CHRISTOPHER J. CARMODY,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered June 10, 2010.

People v Carmody

Decided on December 23, 2011

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.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

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, lv denied 6 NY3d 752), that contention lacks merit (see generally People v Ford, 86 NY2d 397, 404). 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.

Entered: December 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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