Defendant was charged in a 13-count indictment with numerous crimes and traffic infractions arising from the burglary of a private residence and an ensuing high-speed police chase. In full satisfaction of the indictment, defendant pleaded guilty to four counts contained therein, including burglary in the second degree, and agreed to waive his right to appeal. Thereafter, defendant moved to withdraw his guilty plea and County Court (Kane, J.) ordered a hearing. Prior to the commencement of the hearing, the court assigned new counsel to represent defendant. The court ultimately denied the motion and imposed sentence. Since a second felony offender statement had not been filed at the time of the initial sentencing, it was vacated. Defendant was subsequently resentenced in accordance with the plea bargain and now appeals.
With respect to his guilty plea, defendant challenges both the denial of his motion to withdraw the plea and the sufficiency of the allocution as to the crime of burglary in the second degree (Penal Law § 140.25). Initially, we note that defendant entered a knowing, intelligent and voluntary guilty plea and waiver of the right to appeal (see, People v Faulkner,
Inasmuch as the plea and waiver were knowingly, voluntarily and intelligently made, defendant is precluded from challenging the sufficiency of the allocution relating to burglary in
As to defendant’s argument of ineffective assistance of counsel, his knowing, voluntary and intelligent guilty plea and waiver precludes judicial review of that claim (see, People v Faulkner, supra, at 905; People v Johnson,
Mikoll, Crew III, Yesawich Jr. and Graffeo, JJ., concur. Ordered that the judgment is affirmed.
