People v. Gardner

Rose, J.P.

According to defendant, he was denied the effective assistance of counsel, and his guilty plea and appeal waiver were the result of this claimed ineffectiveness. While defendant’s assertion would normally be unpreserved for our review in light of the absence of proof in the record before us that he made a motion to withdraw his plea or vacate the judgment of conviction (see People v Walker, 84 AD3d 1643, 1643-1644 [2011]), we conclude that defendant’s claim at sentencing that he felt counsel had not adequately explained the earlier plea offer to him sufficiently “constituted a…