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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARNETT GLADSTONE, Appellant.

The existing record, which defendant has not amplified by way of a motion to vacate the judgment, belies defendant's claim of ineffective assistance of counsel, since the record shows that defense counsel discussed defendant's various legal rights with him ( see, People v. Love, 57 N.Y.2d 998, 1000). Defense counsel procured an extremely favorable plea bargain for defendant ( see, People v. Ford, 86 N.Y.2d 397, 404), and defendant was well-advised to accept the generous offer prior to a determination on his motion to suppress, since a denial of the motion could have led to withdrawal of the offer ( People v. Strempack, 71 N.Y.2d 1015).

Concur — Ellerin, J.P., Wallach, Rubin and Mazzarelli, JJ.

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PEOPLE v. GLADSTONE
(May 13, 1997)