Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered March 15, 2000, convicting defendant upon his plea of guilty of the crime of attempted assault in the first degree.
Defendant entered this plea in full satisfaction of a six-count indictment arising out of a violent domestic dispute in the City of Watervliet, Albany County, during which he repeatedly punched, kicked and stabbed his wife. Pursuant to the plea bargain agreement, defendant was to be sentenced to 2½ to 5 years in prison, but he failed to appear for sentencing. Following a two-year hiatus, defendant was sentenced to 7½ to 15 years in prison, and he now appeals.
First, defendant complains that his plea of guilty was not voluntary since he lacked a complete understanding of his legal rights or the consequences of the plea. Defendant’s failure to move to withdraw his plea or to vacate the judgment of conviction leaves this issue unpreserved for appellate review (see People v Thomas,
Next, we find no merit to defendant’s present claim that he was denied the effective assistance of counsel because he was not properly apprised of his legal rights or potential defenses to the indictment. Again, we find no record evidence to support such a claim. Defendant’s attorney made significant and detailed pretrial motions, competently participated in all pretrial hearings, and successfully obtained an advantageous plea agreement for defendant. Additionally, defendant affirmatively acknowledged to County Court that he was satisfied with the services rendered by his attorney. The totality of the circumstances clearly reveals that defendant received the meaningful assistance of counsel within constitutional requirements (see People v Rivera,
As a final matter, defendant’s attack on the sentence imposed is precluded by his voluntary waiver of appeal (see People v Stauber,
Mercure, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.
