Opinion
404
March 15, 2002.
Appeal from a judgment of Oswego County Court (Hafner, Jr., J.), entered January 7, 2000, convicting defendant upon his plea of guilty of, inter alia, manslaughter in the second degree (two counts).
D.J. J.A. Cirando, ESQS., Syracuse (John A. Cirando of counsel), for defendant-appellant.
Dennis N. Hawthorne, Sr., District Attorney, Oswego (Donald E. Todd of counsel), for plaintiff-respondent.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the second degree (two counts) (Penal Law § 125.15) and driving while intoxicated as a misdemeanor (Vehicle and Traffic Law § 1192). The waiver by defendant of the right to appeal is valid and enforceable and encompasses his challenge to the factual sufficiency of the plea allocution ( see, People v. Wilson, 284 A.D.2d 959, lv denied 96 N.Y.2d 943; see also, People v. Larkin, 286 A.D.2d 960, lv denied 97 N.Y.2d 657) and to the severity of the negotiated sentence ( see, People v. Hidalgo, 91 N.Y.2d 733, 736-737; People v. Passet, 289 A.D.2d 1005 [decided Dec. 21, 2001]; People v. Anderson, 290 A.D.2d 658 [decided Dec. 21, 2001]). The contention of defendant that his guilty plea was induced by the ineffective assistance and coercive conduct of his attorney survives his waiver of the right to appeal ( see, People v. Jones [Michael], 289 A.D.2d 871 [decided Dec. 27, 2001]; People v. Jessup, 286 A.D.2d 933; People v. Ferguson, 192 A.D.2d 800, lv denied 82 N.Y.2d 717). We conclude, however, that defendant's contention, to the limited extent it is reviewable on this record, is lacking in merit.