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People v. Brooks

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 31, 2021
192 A.D.3d 1134 (N.Y. App. Div. 2021)

Opinion

2019-02964 Ind. No. 3319/18

03-31-2021

The PEOPLE, etc., respondent, v. Christopher BROOKS, appellant.

Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant, and appellant pro se. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Isaac Belenkiy on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant, and appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Isaac Belenkiy on the memorandum), for respondent.

LEONARD B. AUSTIN, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew J. D'Emic, J.), rendered January 28, 2019, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention, in his pro se supplemental brief, that his attorney rendered ineffective assistance of counsel by failing to seek the suppression of video 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 A.D.3d 847, 848, 111 N.Y.S.3d 904 ; People v. McTerrell, 174 A.D.3d 648, 649, 101 N.Y.S.3d 868 ).

Furthermore, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

AUSTIN, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.


Summaries of

People v. Brooks

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 31, 2021
192 A.D.3d 1134 (N.Y. App. Div. 2021)
Case details for

People v. Brooks

Case Details

Full title:The People of the State of New York, respondent, v. Christopher Brooks…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 31, 2021

Citations

192 A.D.3d 1134 (N.Y. App. Div. 2021)
192 A.D.3d 1134
2021 N.Y. Slip Op. 1990

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