Opinion
1101 KA 13-01490
11-14-2014
The PEOPLE of the State of New York, Respondent, v. Matthew GOFORTH, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for Defendant–Appellant. Donald G. O'Geen, District Attorney, Warsaw (Vincent A. Hemming of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for Defendant–Appellant.
Donald G. O'Geen, District Attorney, Warsaw (Vincent A. Hemming of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the third degree (Penal Law § 120.00[1] ). By pleading guilty, defendant forfeited his contention that County Court should have dismissed the indictment because the prosecutor failed to introduce exculpatory evidence before the grand jury (see People v. Crumpler, 70 A.D.3d 1396, 1397, 894 N.Y.S.2d 303, lv. denied 14 N.Y.3d 839, 901 N.Y.S.2d 146, 927 N.E.2d 567 ). Defendant's further contention that he was denied effective assistance of counsel “does not survive his plea of guilty inasmuch as ‘[t]here is no showing that the plea bargaining process was infected by any allegedly ineffective assistance or that defendant entered the plea because of his attorney['s] allegedly poor performance’ ” ( People v. Fomby, 42 A.D.3d 894, 895, 839 N.Y.S.2d 901 ; see People v. Jackson, 99 A.D.3d 1240, 1240, 951 N.Y.S.2d 449, lv. denied 20 N.Y.3d 987, 958 N.Y.S.2d 702, 982 N.E.2d 622 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.