Opinion
KA 02-01840.
February 11, 2004.
Appeal from a judgment of the Ontario County Court (Frederick T. Henry, Jr., J.), rendered June 20, 2001. The judgment convicted defendant, upon his plea of guilty, of conspiracy in the fourth degree.
DEL ATWELL, MONTAUK, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of conspiracy in the fourth degree (Penal Law § 105.10). By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant has failed to preserve for our review his challenges to the voluntariness of his plea and the competency of his counsel ( see People v. Fulford, 296 A.D.2d 661; see also People v. Bartlett, 289 A.D.2d 1024, lv denied 98 N.Y.2d 648; People v. Townley, 286 A.D.2d 885, 885-886). In any event, we conclude that defendant was advised of his rights and that his Alford plea ( see North Carolina v. Alford, 400 U.S. 25) was knowingly, intelligently and voluntarily entered with a full understanding of its consequences ( see People v. Alfieri, 201 A.D.2d 935, lv denied 83 N.Y.2d 908). The contention that defendant was denied effective assistance of counsel does not survive his plea because there is no indication in the record of any ineffectiveness affecting the plea ( see People v. Petgen, 55 N.Y.2d 529, 534-535, rearg denied 57 N.Y.2d 674). To the contrary, defendant "receive[d] an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v. Ford, 86 N.Y.2d 397, 404; see People v. Davis, 302 A.D.2d 973, 974, lv denied 100 N.Y.2d 537).