Opinion
2015-02744. Ind. No. 103/13.
08-23-2017
The PEOPLE, etc., respondent, v. Michael AMOROSANO, appellant.
Del Atwell, East Hampton, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered March 5, 2015, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that counsel who represented him during the plea proceedings was ineffective for failing to move for a forfeiture hearing to contest the seizure of one of his vehicles (cf. Krimstock v. Kelly, 306 F.3d 40, 43 ) is not properly before this Court. By pleading guilty, the defendant forfeited appellate review of any claim of ineffective assistance of counsel during the plea proceedings that does not directly involve the plea bargaining process (see People v. Buggsward, 138 A.D.3d 881, 882, 28 N.Y.S.3d 327 ; People v. Donovan, 133 A.D.3d 615, 20 N.Y.S.3d 96 ; People
v. Moshier, 110 A.D.3d 832, 833, 972 N.Y.S.2d 675 ; People v.
Silent, 37 A.D.3d 625, 625, 831 N.Y.S.2d 194 ).