People v. Modica

OPINION OF THE COURT

Memorandum."

The order of the Appellate Division should be modified and the case remitted to Supreme Court for resentence and, as so modified, should be affirmed.

The voluntariness of defendant’s plea involves a mixed question of law and fact beyond the review powers of this court (People v Harrison, 57 NY2d 470, 477). Moreover, the mistake of counsel with respect to minimum sentence does not rise to the level of ineffective assistance of counsel, the test being “reasonable competence”, not perfect representation (People v Baldi, 54 NY2d 137,146), there being no question…