From Casetext: Smarter Legal Research

People v. McCollum

Appellate Division of the Supreme Court of New York, Second Department
Sep 2, 2008
54 A.D.3d 690 (N.Y. App. Div. 2008)

Opinion

No. 2006-07125.

September 2, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 19, 2006, convicting him of rape in the first degree and attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y.

(Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

Before: Santucci, J.P., Angiolillo, Eng and Chambers, JJ.


Ordered that the judgment is affirmed.

The defendant's right to a review of his contentions on appeal was forfeited by his plea of guilty ( see People v Taylor, 65 NY2d 1, 5-6; People v Silent, 37 AD3d 625). Further, a defendant's waiver of the right to appeal precludes review of a claim of ineffective assistance of counsel except to the extent that the alleged ineffective assistance may have affected the voluntariness of the plea ( see People v Perez, 51 AD3d 1043; People v Dixon, 41 AD3d 861). Here, the defendant does not claim that the alleged ineffectiveness of counsel affected the voluntariness of his plea.


Summaries of

People v. McCollum

Appellate Division of the Supreme Court of New York, Second Department
Sep 2, 2008
54 A.D.3d 690 (N.Y. App. Div. 2008)
Case details for

People v. McCollum

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT McCOLLUM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 2, 2008

Citations

54 A.D.3d 690 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6724
863 N.Y.S.2d 699

Citing Cases

People v. Velez

In any event, the record demonstrates that the defendant's plea of guilty was entered knowingly, voluntarily,…

People v. John Perazzo

Ordered that the judgment is affirmed. "The defendant's waiver of his right to appeal precludes appellate…