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People v. Terry

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1112 (N.Y. App. Div. 2019)

Opinion

2016-01056 Ind. No. 14-00973

05-15-2019

The PEOPLE, etc., Respondent, v. Robert TERRY, Appellant.

Karl A. Scully, Mount Vernon, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and William C. Milaccio of counsel), for respondent.


Karl A. Scully, Mount Vernon, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and William C. Milaccio of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered January 7, 2016, convicting him of attempted robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of the right to appeal precludes appellate review of his claim of ineffective assistance of counsel. While the waiver would not preclude appellate review of a claim that the ineffective assistance of counsel affected the voluntariness of a plea of guilty, the defendant does not advance such a contention (see People v. Gott, 165 A.D.3d 1283, 1284, 85 N.Y.S.3d 551 ; People v. Weston, 145 A.D.3d 746, 747, 43 N.Y.S.3d 413 ; People v. Solis, 111 A.D.3d 654, 655, 974 N.Y.S.2d 132 ; People v. Perazzo, 65 A.D.3d 1058, 1059, 886 N.Y.S.2d 43 ).

SCHEINKMAN, P.J., DILLON, MALTESE and LASALLE, JJ., concur.


Summaries of

People v. Terry

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1112 (N.Y. App. Div. 2019)
Case details for

People v. Terry

Case Details

Full title:The People of the State of New York, respondent, v. Robert Terry…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 15, 2019

Citations

172 A.D.3d 1112 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 3824
98 N.Y.S.3d 456