Opinion
2017–01534 Ind. No. 16–00339
05-23-2018
The PEOPLE, etc., respondent, v. Jonathan CASTILLO, appellant.
Del Atwell, East Hampton, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and William C. Milaccio of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and William C. Milaccio of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the County Court, Westchester County (Barry E. Warhit, J.), rendered February 2, 2017, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was knowing, voluntary, and intelligent (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 141, 992 N.Y.S.2d 297 ). A valid waiver of the right to appeal forfeits the right to challenge the effectiveness of trial counsel, except insofar as counsel's alleged deficiencies affected the voluntariness of the defendant's plea of guilty itself (see People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ; see also People v. Thompson, 150 A.D.3d 1156, 52 N.Y.S.3d 675 ). Here, the defendant's valid waiver of his right to appeal precludes appellate review of his contention that he was denied the effective assistance of counsel by counsel's failure to apply for a certificate of relief from disabilities at the time of sentencing, since his contention does not relate to the voluntariness of his plea (see People v. Levy, 91 A.D.3d 793, 793–794, 938 N.Y.S.2d 315 ).
SCHEINKMAN, P.J., DILLON, HINDS–RADIX and CHRISTOPHER, JJ., concur.