Opinion
2001-07226
Submitted March 31, 2003.
April 21, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered August 3, 2001, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
Laurie T. McDermott, Sugar Loaf, N.Y. for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant did not knowingly, intelligently, and voluntarily waive his right to appeal (see People v. Seaberg, 74 N.Y.2d 1, 11). However, by pleading guilty, he forfeited his right to seek review of any alleged Rosario violation (see People v. Rosario, 9 N.Y.2d 286, cert denied 386 U.S. 866; People v. Knickerbocker, 230 A.D.2d 753; People v. Agyman, 204 A.D.2d 731). Further, the defendant's Rosario claim relates to the suppression hearing which was not concluded because he pleaded guilty (see generally People v. Fernandez, 67 N.Y.2d 686; People v. Holmes, 268 A.D.2d 597; People v. Corti, 88 A.D.2d 345).
The defendant was not denied the effective assistance of counsel. He obtained a favorable plea which limited his term of imprisonment, and there is nothing in the record which casts doubt on counsel's effectiveness (see People v. Ford, 86 N.Y.2d 397, 404; People v. Scalzo, 249 A.D.2d 494). In fact, at the time of his plea, the defendant stated that he was satisfied with his legal representation (see People v. Bristol, 273 A.D.2d 248).
ALTMAN, J.P., SMITH, McGINITY and COZIER, JJ., concur.