Opinion
2019–00966 Ind. No. 18-00208
08-19-2020
The PEOPLE, etc., respondent, v. Antoine JOHNSON, appellant.
Michele Marte–Indzonka, Newburgh, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.
Michele Marte–Indzonka, Newburgh, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.
WILLIAM F. MASTRO, J.P., FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered November 20, 2018, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
By pleading guilty, the defendant forfeited review of any claim of ineffective assistance of counsel that did not directly involve the plea-negotiation process and sentence (see People v. Petgen, 55 N.Y.2d 529, 535 n 3, 450 N.Y.S.2d 299, 435 N.E.2d 669 ; People v. Parker, 176 A.D.3d 1106, 1107, 112 N.Y.S.3d 777 ; People v. Brown, 170 A.D.3d 878, 879, 96 N.Y.S.3d 110 ; People v. Fakhoury, 103 A.D.3d 664, 959 N.Y.S.2d 269 ; People v. Opoku, 61 A.D.3d 705, 876 N.Y.S.2d 493 ). To the extent that the defendant contends that ineffective assistance of counsel affected the voluntariness of his plea, the record demonstrates that he received an advantageous plea, and nothing in the record casts doubt on the effectiveness of counsel (see People v. Brown, 170 A.D.3d at 879, 96 N.Y.S.3d 110 ; People v. Soria, 99 A.D.3d 1027, 1028, 952 N.Y.S.2d 300 ; People v. Yarborough, 83 A.D.3d 875, 920 N.Y.S.2d 681 ). Furthermore, the defendant's claim of ineffective assistance of counsel is refuted by the record of the plea proceeding, in which he acknowledged that he had been afforded sufficient time to consult with his attorney and was satisfied with his attorney's representation, that he had not been forced into pleading guilty, and that he was entering into the plea freely and voluntarily (see People v. Brown, 170 A.D.3d at 880, 96 N.Y.S.3d 110 ; People v. Trimble, 137 A.D.3d 1309, 1310, 27 N.Y.S.3d 392 ; People v. Soria, 99 A.D.3d at 1028, 952 N.Y.S.2d 300 ). Nothing that occurred during the plea allocution called into question the voluntariness of the defendant's plea (see People v. Trimble, 137 A.D.3d at 1309, 27 N.Y.S.3d 392 ; People v. Wright, 95 A.D.3d 1046, 1047, 943 N.Y.S.2d 766 ).
The defendant's contention that the County Court failed to fully comply with CPL 400.21 before sentencing him as a second felony offender is unpreserved for appellate review (see People v. Sutton, 161 A.D.3d 783, 784, 76 N.Y.S.3d 570 ; People v. Csoke, 11 A.D.3d 631, 782 N.Y.S.2d 657 ). In any event, the court substantially complied with the statute, and there is no indication that the defendant intended to challenge the constitutionality of his prior conviction (see People v. Smothers, 175 A.D.3d 1441, 1442, 106 N.Y.S.3d 626 ; People v. Giddens, 161 A.D.3d 1191, 1194–1195, 78 N.Y.S.3d 355 ; People v. Rodriguez, 142 A.D.3d 1189, 1190–1191, 38 N.Y.S.3d 224 ; People v. Carmello, 114 A.D.2d 965, 495 N.Y.S.2d 230 ; People v. Bryant, 47 A.D.2d 51, 62–63, 365 N.Y.S.2d 223 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur.