The People of the State of New York, Respondent, v Elvis Castro, Appellant.
Appellate Division, Second Department, New York
March 24, 2021
2021 NY Slip Op 01783; 192 AD3d 1041
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 5, 2021
Timothy D. Sini, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Richard Ambro, J.), rendered January 12, 2017, convicting him of criminal possession of a controlled substance in the second degree (two counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant‘s contention that his attorney rendered ineffective assistance of counsel by failing to file a timely motion to suppress evidence is not properly before this Court, since, by pleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (see People v Fields, 178 AD3d 847, 848 [2019]; People v David, 163 AD3d 846 [2018]; People v Donovan, 133 AD3d 615 [2015]).
Accordingly, based on the foregoing determination, the defendant‘s remaining contentions, which solely regard the validity of the appeal waiver, have been rendered academic and the judgment must be affirmed. Hinds-Radix, J.P., LaSalle, Barros and Connolly, JJ., concur.