Opinion
2016–01038 Ind. No. 2353–15
07-18-2018
The PEOPLE, etc., respondent, v. Ronald DAVID, appellant.
Thomas E. Scott, Melville, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
Thomas E. Scott, Melville, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (John B. Collins, J.), rendered January 15, 2016, convicting him of attempted burglary in the second degree (seven counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise the issues that he has asserted on appeal in the County Court (see People v. Williams, 27 N.Y.3d 212, 214, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Donovan, 133 A.D.3d 615, 20 N.Y.S.3d 96 ; People v. Williams, 129 A.D.3d 1000, 13 N.Y.S.3d 442 ). In any event, the defendant's contention is without merit (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ).
The defendant's contention that his attorney rendered ineffective assistance of counsel by failing to make a pretrial suppression motion is not properly before this Court, since, by pleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (see People v. Donovan, 133 A.D.3d at 615, 20 N.Y.S.3d 96 ; People v. Williams, 129 A.D.3d at 1000, 13 N.Y.S.3d 442 ; People v. Moshier, 110 A.D.3d 832, 833, 972 N.Y.S.2d 675 ).
LEVENTHAL, J.P., MILLER, DUFFY and LASALLE, JJ., concur.