The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant

The People of the State of New York, Respondent, v Jose Rodriguez, Appellant. [744 NYS2d 734] [MAJORITY] —Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered May 17, 1999, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the second degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]) and sentencing him as a second felony offender to a term of incarceration of six years to life. Contrary to defendant’s contention, the bargained-for sentence is neither unduly harsh nor severe. We further reject defendant’s challenge to the constitutionality of the second felony offender sentencing scheme (see People v Rosen, 96 NY2d 329, 335, cert denied 534 US 899; People v Perez, 292 AD2d 859). Finally, the record establishes that defendant received effective assistance of counsel (see People v Grant, 288 AD2d 898, lv denied 97 NY2d 682). Present—Pigott, Jr., P.J., Hayes, Kehoe, Gorski and Lawton, JJ.