Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Efraim Santana, Appellant

254 A.D.2d 201679 N.Y.S.2d 575·New York Supreme Court, Appellate Division·1998·NY

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Opinion

The People of the State of New York, Respondent, v Efraim Santana, Appellant. [679 NYS2d 575] [MAJORITY] Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered March 1, 1996, convicting defendant, upon his plea of guilty, of one count of criminal sale of a controlled substance in the second degree and conspiracy in the second degree, and sentencing him to consecutive terms of 8 years to life and 1 to 3 years, respectively, unanimously affirmed. Defendant’s claim of ineffective assistance of counsel is based entirely on alleged facts outside the record, and thus should be addressed in a CPL 440.10 motion. We perceive no abuse of discretion in sentencing or denial of youthful offender treatment. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.