Opinion
60
Decided March 21, 2002.
APPEAL, by permission of a Jusice of the Appellant Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered August 6, 2001, which affirmed an order of the Supreme Court (Abraham G. Gerges, J.), entered in Kings County, denying defendant's CPL 440.20 motion to vacate a sentence imposing an indeterminate term or imprisionment of 20 years to life, upon a judgment of that court rendered upon a verdict convicting defendatn of murder in the second degree.
People v. Orengo, 286 A.D.2d 344, affirmed.
Submitted by Natalie Rea, for appellant.
Submitted by Victor Barall, for respondent.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
MEMORANDUM:
The order of the Appellate Division should be affirmed. The Appellate Division properly determined that the sentencing court did not base its determination upon inaccurate information. Here, the record indicates that the sentencing court did not consider any of the prosecutor's inaccurate assertions in its sentencing determination, but predicated that sentence on the nature and details of the particular crime of which defendant was convicted. Moreover, the Appellate Division correctly determined that, as a matter of law, defendant's counsel was not ineffective (see People v. Benevento, 91 N.Y.2d 708, 713-714).
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.