Opinion
2002-02518.
Decided May 3, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered February 27, 2002, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
Brian G. Cesaratto, P.C., White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Kieran T. Byrne and Richard Longworth Hecht of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal does not encompass his contention that ineffective assistance of counsel affected the voluntariness of his plea ( see People v. Demosthene, 2 A.D.3d 874; People v. Active Appliance Corp., 307 A.D.2d 932, lv denied 100 N.Y.2d 640, cert denied US, 124 S Ct 1714; People v. Miller, 306 A.D.2d 294; People v. Herring, 274 A.D.2d 525). However, the defendant's claim that his plea was involuntary is unpreserved for appellate review because he never moved to withdraw his plea or vacate the judgment of conviction ( see People v. Lopez, 71 N.Y.2d 662; People v. Thompson, 4 A.D.3d 785; People v. Vatore, 303 A.D.2d 607; People v. Patterson, 290 A.D.2d 568; People v. Negron, 286 A.D.2d 824). In any event, contrary to the defendant's contention, the record demonstrates that defense counsel's performance at the Wade hearing ( see United States v. Wade, 388 U.S. 218) satisfied the meaningful representation standard ( see People v. Ellis, 81 N.Y.2d 854; People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137), and did not affect the voluntariness of the defendant's plea ( see People v. Williams, 305 A.D.2d 1023; People v. Lebrun, 234 A.D.2d 392).
KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.