Opinion
2018–08455 S.C.I. No. 1889/17
04-20-2022
The PEOPLE, etc., respondent, v. Victor PENA, appellant.
Salvatore C. Adamo, New York, NY, for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello and Glenn Green of counsel), for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello and Glenn Green of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Suffolk County (Andrew A. Crecca, J.), rendered June 19, 2018, convicting him of assault in the first degree, assault in the second degree, and endangering the welfare of a child (four counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowingly, voluntarily, or intelligently entered because his trial counsel failed to make any pretrial motions to suppress evidence. This contention is not preserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise these issues in the County Court (see People v. Donovan, 133 A.D.3d 615, 615, 20 N.Y.S.3d 96 ; People v. Williams, 129 A.D.3d 1000, 1000, 13 N.Y.S.3d 442 ; People v. King, 115 A.D.3d 986, 986, 982 N.Y.S.2d 178 ). In any event, the record reveals that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Donovan, 133 A.D.3d at 615, 20 N.Y.S.3d 96 ).
The defendant's contention that he was denied the effective assistance of counsel because his counsel failed to make any pretrial motions to suppress evidence is not properly before this Court, since by pleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance of counsel that did not directly involve the plea negotiation process or sentencing (see People v. Brooks, 192 A.D.3d 1134, 1134, 141 N.Y.S.3d 367 ; People v. Castro, 192 A.D.3d 1041, 1041, 140 N.Y.S.3d 759 ; People v. Fields, 178 A.D.3d 847, 848, 111 N.Y.S.3d 904 ; People v. Donovan, 133 A.D.3d at 615, 20 N.Y.S.3d 96 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.