PEOPLE v. CAVE

Judgment unanimously affirmed.

Memorandum:

There is no merit to defendant's contentions that County Court failed to advise defendant of his rights or elicit a proper waiver of those rights before accepting defendant's plea of guilty ( see, People v Harris, 61 N.Y.2d 9, 16-19; People v. Davenport, 273 A.D.2d 926); that the plea allocution was factually insufficient ( see, People v Hall, 71 N.Y.2d 1002, 1006; People v. Clairborne, 29 N.Y.2d 950, 951; People v. Amaya, 219 A.D.2d 523, lv denied 87 N.Y.2d 844); or that the plea was invalid, and the right to effective assistance of counsel violated, as a result of defense counsel's error in informing defendant of a potential sentence ( see, People v. Garcia, 92 N.Y.2d 869, 870-871; People v. Modica, 64 N.Y.2d 828, 829). The court did not abuse its discretion in denying defendant youthful offender status and imposing the minimum possible sentence of incarceration, a determinate term of 3 1/2 years.