Opinion
10-31-2017
The PEOPLE of the State of New York, Respondent, v. Javann GARNES, Defendant–Appellant.
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant. Javann Garnes, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant.
Javann Garnes, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Judgment, Supreme Court, New York County (Patricia M. Nuñez, J.), rendered March 6, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of five years' probation; and judgment, same court (Edward J. McLaughlin, J.), rendered October 15, 2015, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of 5 ½ to 16 ½ years, and also convicting him of violation of probation, revoking the above-mentioned sentence of probation and resentencing him to a consecutive term of 2 ½ years, unanimously affirmed.
Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentences or running them concurrently.
Defendant's pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698 [1988] ). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal. We have considered and rejected defendant's remaining pro se claims.
ACOSTA, P.J., MANZANET–DANIELS, GISCHE, KAPNICK, KAHN, JJ., concur.