People v. Fernandez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed, should be affirmed.

Here, the parties agree that to prevail on his claim that he was denied effective assistance of counsel, defendant had the burden to demonstrate “that a plea offer was made, that defense counsel failed to inform him of that offer, and that he would have been willing to accept the offer” (People v Rogers, 8 AD3d 888, 890-891 [3d Dept 2004]). Defendant failed to meet that burden. Assuming that such an offer was made, defendant proffered nothing to substantiate his claim that he would have…