Although during plea negotiations, defense counsel, the prosecutor, and the court all labored under the mistaken belief that defendant was a mandatory persistent violent felony offender subject to a minimum sentence of 10 years to life, this mistake was not such as to deprive defendant of effective assistance of counsel ( see, People v Modica, 64 N.Y.2d 828). There was no reasonable probability that a more favorable plea bargain would have been struck but for the mistake ( see, People v Castellano, 203 A.D.2d 116, 117, lv denied 83 N.Y.2d 965), nor that even if such were possible, that defendant would have accepted such plea in light of his reported protestations of innocence. Defendant's other claim that his violent and obnoxious behavior in front of the jury necessitated a mistrial is without merit ( see, People v Mabre, 166 A.D.2d 339, 340, lv denied 77 N.Y.2d 879).
Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.