Opinion
2019–05303 Ind. No. 1132–15
03-24-2021
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.