Opinion
03-22-2017
The PEOPLE, etc., respondent, v. Kashawn FASHAW, appellant.
Matthew Muraskin, Port Jefferson, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Brennan of counsel), for respondent.
Matthew Muraskin, Port Jefferson, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Brennan of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 16, 2011, convicting him of assault in the second degree and resisting arrest, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid (see People v. Salgado, 111 A.D.3d 859, 975 N.Y.S.2d 172 ; People v. Nugent, 109 A.D.3d 625, 970 N.Y.S.2d 634 ; People v. Gheradi, 68 A.D.3d 892, 893, 890 N.Y.S.2d 122 ; People v. Boustani, 300 A.D.2d 313, 314, 752 N.Y.S.2d 683 ).
The defendant was not deprived of the effective assistance of counsel (see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 ; People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ; People v. Brown, 135 A.D.3d 870, 24 N.Y.S.3d 154 ).
Although the defendant's purported waiver of his right to appeal does not preclude review of his remaining contentions, those contentions are unpreserved for appellate review, and we decline to reach them in the exercise of our interest of justice jurisdiction.
CHAMBERS, J.P., ROMAN, LaSALLE and BARROS, JJ., concur.