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People v. Sicilia

Appellate Term of the Supreme Court of New York, Second Department
Nov 22, 2005
2005 N.Y. Slip Op. 51928 (N.Y. App. Term 2005)

Opinion

2004-315 W CR.

Decided November 22, 2005.

Appeal from judgments of the City Court of Mount Vernon, Westchester County (William Edwards, J.), rendered July 27, 2004. The judgments convicted defendant, upon his pleas of guilty, of aggravated unlicensed operation of a motor vehicle in the second degree and driving while ability impaired by drugs.

Judgments of conviction unanimously affirmed.

PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.


At the time of his plea, defendant waived his right to appeal. However, contrary to the People's argument, said waiver did not foreclose review of the contention that he was denied effective assistance of counsel ( see People v. Manzullo, 14 AD3d 717).

Contrary to defendant's contention, the record reveals that he received meaningful legal representation under both federal and state standards ( see Strickland v. Washington, 466 US 668, 687-690; People v. Baldi, 54 NY2d 137, 147).

"In the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v. Ford, 86 NY2d 397, 404; see People v. Reels, 17 AD3d 488). In the case at bar, defendant received an advantageous plea and his dissatisfaction with counsel is belied by the record. In any event, defendant's objection was insufficient to have warranted substitution of assigned counsel ( see Reels, 17 AD3d at 489). In addition, the contention raised on appeal regarding the denial of his application for an order directing a blood and urine test is unreviewable since he waived the right to appeal any motions made by him ( see People v. McGuffie, 294 AD2d 617; People v. McBryde, 226 AD2d 156).


Summaries of

People v. Sicilia

Appellate Term of the Supreme Court of New York, Second Department
Nov 22, 2005
2005 N.Y. Slip Op. 51928 (N.Y. App. Term 2005)
Case details for

People v. Sicilia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK SICILIA…

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

Date published: Nov 22, 2005

Citations

2005 N.Y. Slip Op. 51928 (N.Y. App. Term 2005)
809 N.Y.S.2d 483