Opinion
2017-13242 Ind. No. 1015/16
12-11-2019
The PEOPLE, etc., respondent, v. John FIELDS, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale, New York, of counsel), for appellant, and appellant pro se. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan, New York, Grazia DiVincenzo, and Guy Arcidiacono, Riverhead, of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale, New York, of counsel), for appellant, and appellant pro se.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan, New York, Grazia DiVincenzo, and Guy Arcidiacono, Riverhead, of counsel), for respondent.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, HECTOR D. LASALLE, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed.
Although the defendant's challenge to the voluntariness of his plea of guilty survives his valid waiver of the right to appeal (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Kovalsky, 166 A.D.3d 900, 85 N.Y.S.3d 889 ; People v. Miller, 166 A.D.3d 812, 88 N.Y.S.3d 199 ), his contentions are unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise those contentions before the Supreme Court (see CPL 470.05[2] ; People v. Kovalsky, 166 A.D.3d at 901, 85 N.Y.S.3d 889 ; People v. Miller, 166 A.D.3d at 813, 88 N.Y.S.3d 199 ; People v. McClenic, 155 A.D.3d 1064, 64 N.Y.S.3d 554 ). In any event, his contentions are without merit (see People v. Peque, 22 N.Y.3d 168, 184–185, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Nixon, 21 N.Y.2d 338, 356, 287 N.Y.S.2d 659, 234 N.E.2d 687 ). The defendant's contention, raised in his pro se supplemental brief, that his attorney rendered ineffective assistance of counsel during the suppression hearing 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. 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 ; People v. Williams , 129 A.D.3d 1000, 13 N.Y.S.3d 442 ).
BALKIN, J.P., COHEN, MILLER and LASALLE, JJ., concur.