People v. Perazzo

Sep 8, 2009
Versions:65 A.D.3d 1058
886 N.Y.S.2d 43

Ordered that the judgment is affirmed.

“The defendant‘s waiver of his right to appeal precludes appellate review of his [contention] that he was denied effective assistance of counsel except to the extent that the alleged ineffective assistance of counsel [may have] affected the voluntariness of his plea” (People v Rossetti, 55 AD3d 637, 638 [2008]; People v McCollum, 54 AD3d 690 [2008]; People v Perez, 51 AD3d 1043 [2008]). Moreover, “[b]y pleading guilty, the defendant forfeited . . . his claims of ineffective assistance of counsel which do not directly involve the bargaining process” (People v Russell, 58 AD3d 759, 760 [2009]; People v DeLuca, 45 AD3d 777 [2007]; People v Turner, 40 AD3d 1018, 1019 [2007]). With respect to the defendant‘s contention that his plea of guilty was coerced as a result of the alleged ineffectiveness of his trial counsel, ” ‘[a] motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court’ ” (People v Gedin, 46 AD3d 701 [2007], quoting People v Levy, 39 AD3d 670, 671 [2007]; see CPL 220.60 [3]; People v Alexander, 97 NY2d 482, 485 [2002]). “The defendant‘s [contention] that his plea of guilty was coerced as a result of the alleged ineffectiveness of his trial counsel is belied by [the record]” (People v Gedin, 46 AD3d at 701; People v Gutierrez, 35 AD3d 883 [2006]). Accordingly, the Supreme Court providently exercised its discretion in denying the defendant‘s application to withdraw his plea of guilty. Fisher, J.P., Miller, Angiolillo and Hall, JJ., concur.