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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGELIO HOLDER, Appellant.

On the record before the court, defendant received effective assistance of counsel under the state and federal standards ( see People v Ford, 86 NY2d 397, 404; see also Strickland v Washington, 466 US 668). The motion court properly denied, without a hearing, his CPL 440.10 motion claiming ineffective assistance ( see People v Satterfield, 66 NY2d 796, 799-800). Even assuming the truth of defendant's assertion that his attorney failed to advise him that his plea would result in deportation, such failure does not constitute ineffective assistance of counsel ( see People v McDonald, 1 NY3d 109, 114, citing People v Ford, 86 NY2d at 404). Unlike McDonald, defendant makes no claim that counsel provided incorrect advice. We have considered and rejected defendant's remaining arguments concerning this issue.

Defendant's mandatory minimum sentence is not unconstitutional ( see People v Thompson, 83 NY2d 477, 480; People v Broadie, 37 NY2d 100, cert denied 423 US 950).

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PEOPLE v. HOLDER
(Sep 19, 2006)