People v. Preister

Appeal from a judgment of the Livingston County Court (Gerard J. Alonzo, Jr., J.), rendered June 30, 2005. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

' It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the second degree *1226(Penal Law § 120.05 [2]). To the extent that the contention of defendant that he was denied effective assistance of counsel survives his plea of guilty (see People v Breen, 30…