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People v. Castro

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 24, 2021
192 A.D.3d 1041 (N.Y. App. Div. 2021)

Opinion

2019–05303 Ind. No. 1132–15

03-24-2021

The PEOPLE, etc., respondent, v. Elvis CASTRO, appellant.

Jonathan B. Manley, Hauppauge, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.


Jonathan B. Manley, Hauppauge, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.

SYLVIA O. HINDS–RADIX, J.P., HECTOR D. LASALLE, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Richard Ambro, J.), rendered January 12, 2017, convicting him of criminal possession of a controlled substance in the second degree (two counts), upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed.

The defendant's contention that his attorney rendered ineffective assistance of counsel by failing to file a timely motion to suppress 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. David, 163 A.D.3d 846, 77 N.Y.S.3d 306 ; People v. Donovan, 133 A.D.3d 615, 20 N.Y.S.3d 96 ).

Accordingly, based on the foregoing determination, the defendant's remaining contentions, which solely regard the validity of the appeal waiver, have been rendered academic and the judgment must be affirmed.

HINDS–RADIX, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.


Summaries of

People v. Castro

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 24, 2021
192 A.D.3d 1041 (N.Y. App. Div. 2021)
Case details for

People v. Castro

Case Details

Full title:The People of the State of New York, respondent, v. Elvis Castro…

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

Date published: Mar 24, 2021

Citations

192 A.D.3d 1041 (N.Y. App. Div. 2021)
192 A.D.3d 1041
2021 N.Y. Slip Op. 1783

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