Opinion
2019–04349, 2019–04350 Ind. Nos. 1084/18, 1211/18
02-23-2022
The PEOPLE, etc., respondent, v. Jamaal CALDWELL, appellant.
Salvatore C. Adamo, New York, NY, for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.
COLLEEN D. DUFFY, J.P., ANGELA G. IANNACCI, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the County Court, Suffolk County (Mark D. Cohen, J.), both rendered March 11, 2019, convicting him of attempted robbery in the first degree under Indictment No. 1084/18 and attempted robbery in the first degree under Indictment No. 1211/18, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Gamble, 198 A.D.3d 917, 152 N.Y.S.3d 827 ; People v. Andrad–Gomez, 194 A.D.3d 731, 143 N.Y.S.3d 228 ). The record reflects that the County Court adequately explained, and the defendant acknowledged that he understood, the nature of the right to appeal and the rights encompassed by the appeal waiver (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Furthermore, the court's oral colloquy cured any deficiencies in the written waiver form (see People v. Thomas, 34 N.Y.3d at 563, 122 N.Y.S.3d 226, 144 N.E.3d 970 ).
The defendant's valid waiver of the right to appeal precludes appellate review of his contention that he was deprived of the effective assistance of counsel, except to the extent that counsel's alleged ineffectiveness affected the voluntariness of the pleas (see People v. Soria, 99 A.D.3d 1027, 952 N.Y.S.2d 300 ; People v. Duah, 91 A.D.3d 884, 885, 936 N.Y.S.2d 907 ). To the extent that the defendant's ineffective assistance of counsel claim survives his valid waiver of the right to appeal, the contention is without merit (see People v. Moore, 140 A.D.3d 1091, 34 N.Y.S.3d 147 ).
The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
DUFFY, J.P., IANNACCI, MALTESE and FORD, JJ., concur.