Opinion
2019–02114 Ind. No. 82/18
12-02-2020
The PEOPLE, etc., respondent, v. Mark S. THOMAS, appellant.
Salvatore C. Adamo, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered January 18, 2019, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Although the defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent survives his valid appeal waiver (see People v. Ramos, 164 A.D.3d 922, 82 N.Y.S.3d 103 ), the record demonstrates that his plea was knowingly, voluntarily, and intelligently entered (see People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ).
Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel during the plea proceeding as his attorney provided meaningful representation (see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 ; People v. Ingvarsdottir, 118 A.D.3d 1023, 1024, 987 N.Y.S.2d 460 ). Further, the defendant failed to demonstrate the absence of a strategic or other legitimate explanation for counsel's challenged conduct in permitting the defendant to waive his right to appeal as part of the plea agreement (see People v. Miller, 161 A.D.3d 1579, 1580, 76 N.Y.S.3d 737 ; People v. Turck, 305 A.D.2d 1072, 1073, 758 N.Y.S.2d 895 ).
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
SCHEINKMAN, P.J., DILLON, LASALLE and CHRISTOPHER, JJ., concur.