Opinion
11204 Ind. 3084/15
03-05-2020
The PEOPLE of the State of New York, Respondent, v. Habib JALLOH, Defendant–Appellant.
Marianne Karas, Thornwood, for appellant. Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Marianne Karas, Thornwood, for appellant.
Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Richter, J.P., Oing, Moulton, González, JJ.
Judgment, Supreme Court, Bronx County (Michael A. Gross, J. at motion; Eugene Oliver, J. at plea; Robert E. Torres, J. at sentencing), rendered April 25, 2017, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545, 2019 WL 6312521 [2019] ; People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ;. People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), which forecloses his suppression claims. As an alternative holding, we reject those claims on the merits.
The valid appeal waiver also forecloses defendant's claim that his counsel rendered ineffective assistance regarding suppression matters. Although defendant's ineffectiveness claim could survive the waiver to the extent that it implicated the voluntariness of the plea and the waiver itself (see People v. Parilla, 8 N.Y.3d 654, 660, 838 N.Y.S.2d 824, 870 N.E.2d 142 [2007] ), defendant does not appear to be making such an argument. In any event, defendant's ineffective assistance claims are unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698 [1988] ; People v. Love, 57 N.Y.2d 998, 457 N.Y.S.2d 238, 443 N.E.2d 486 [1982] ). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.