Opinion
2015–10950 2016–11867 Ind. No. 15–00077
06-20-2018
The PEOPLE, etc., respondent, v. John D. ODENDAHL, appellant.
Gary Greenwald & Partners, P.C., Chester, N.Y. (David L. Gove and David A. Brodsky of counsel), for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Nicholas D. Mangold of counsel), for respondent.
Gary Greenwald & Partners, P.C., Chester, N.Y. (David L. Gove and David A. Brodsky of counsel), for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Nicholas D. Mangold of counsel), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeals by the defendant (1) from a judgment of the County Court, Orange County (Victor J. Alfieri Jr., J.), rendered October 16, 2015, convicting him of arson in the second degree, upon his plea of guilty, and imposing sentence, and (2), by permission, from an order of the same court dated September 22, 2016, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate the judgment rendered October 16, 2015.
ORDERED that the judgment and the order are affirmed.
The County Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction. Contrary to the defendant's contention, the court could determine from the parties' submissions that the defendant was not deprived of the effective assistance of counsel (see CPL 440.30[1], [4] ; People v. Satterfield, 66 N.Y.2d 796, 799–800, 497 N.Y.S.2d 903, 488 N.E.2d 834 ; People v. Khan, 153 A.D.3d 935, 935, 58 N.Y.S.3d 861 ; People v. Chin, 148 A.D.3d 926, 926–927, 48 N.Y.S.3d 617 ), and that he was not, by reason of mental disease or defect, incapable of understanding or participating in the proceedings (cf. CPL 440.10[1][e] ; People v. Tortorici, 92 N.Y.2d 757, 765, 686 N.Y.S.2d 346, 709 N.E.2d 87 ).
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.