Opinion
2017–07826 2017–07827
02-27-2019
The PEOPLE, etc., Respondent, v. Jose L. DIAZ, Appellant. (S.C.I. Nos. 167/15, 161/16)
Del Atwell, East Hampton, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, ROBERT J. MILLER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the County Court, Dutchess County (Edward T. McLoughlin, J.), both rendered September 9, 2016, convicting him of sexual abuse in the first degree under Superior Court Information No. 167/15 and criminal sexual act in the first degree under Superior Court Information No. 161/16, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal. That valid waiver forecloses review of the defendant's nonjurisdictional challenge to the sufficiency of the factual allegations of Superior Court Information No. 161/16 (see People v. Carter, 147 A.D.3d 1514, 1515, 47 N.Y.S.3d 614 ; People v. Lanfair, 18 A.D.3d 1032, 1033, 795 N.Y.S.2d 390 ). Also foreclosed is the defendant's claim that his sentences are excessive (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Finally, the defendant's contention that he received ineffective assistance of counsel is foreclosed by his waiver of the right to appeal, except to the extent that the alleged ineffective representation may have affected the voluntariness of the defendant's pleas of guilty (see People v. Amay, 156 A.D.3d 895, 895, 65 N.Y.S.3d 804 ). The defendant's contention that his attorney's conduct affected the voluntariness of his pleas of guilty is without merit (see People v. Coleman, 164 A.D.3d 518, 519, 77 N.Y.S.3d 884 ).
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.