Opinion
07-26-2017
The PEOPLE, etc., respondent, v. Antwon FLOWERS, appellant.
Gary E. Eisenberg, New City, NY, for appellant, and appellant pro se. William V. Grady, District Attorney, Poughkeepsie, NY (Bridget R. Steller and Kirsten A. Rappleyea of counsel), for respondent.
Gary E. Eisenberg, New City, NY, for appellant, and appellant pro se.
William V. Grady, District Attorney, Poughkeepsie, NY (Bridget R. Steller and Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered May 15, 2014, convicting him of burglary in the first degree (two counts) and kidnapping in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal limits the appellate review by this Court to issues raised by the defendant relating to the voluntariness of the plea, including issues of ineffectiveness assistance of counsel that affected the voluntariness of the plea (see People v. Parilla, 8 N.Y.3d 654, 660, 838 N.Y.S.2d 824, 870 N.E.2d 142 ; People v. Brown, 116 A.D.3d 1062, 983 N.Y.S.2d 874 ; People v. Shand, 110 A.D.3d 745, 972 N.Y.S.2d 103 ; People v. Borges, 103 A.D.3d 747, 959 N.Y.S.2d 533 ). The defendant's challenge to the factual sufficiency of the plea allocution with respect to kidnapping in the second degree is precluded by the valid waiver of his right to appeal (see People v. Smith, 146 A.D.3d 904, 44 N.Y.S.3d 771 ; People v. Duchatellier, 138 A.D.3d 887, 28 N.Y.S.3d 332 ; People v. Dame, 100 A.D.3d 1032, 952 N.Y.S.2d 684 ). The defendant fails to raise any allegations of ineffective assistance of counsel that affect the voluntariness of the plea. Further, the defendant's valid waiver of his right to appeal precludes review of his claim that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Shand, 110 A.D.3d 745, 972 N.Y.S.2d 103 ).
DILLON, J.P., AUSTIN, HINDS–RADIX and LaSALLE, JJ., concur.