| People v Holland |
| 2007 NY Slip Op 07862 [44 AD3d 874] |
| October 16, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jahmel Holland, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and Quynda L. Henry of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered April 10, 2006, convicting him of attempted murder in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737[2006]; People v Lopez, 6 NY3d248 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant's valid waiverof his right to appeal forecloses appellate review of his challenge to the Supreme Court'ssuppression determination (see People v Kemp, 94 NY2d 831, 833 [1999]; People vMunford, 37 AD3d 855 [2007], lv denied 8 NY3d 988 [2007]; People v Smith, 35 AD3d 769[2006]; People v Peoples, 34 AD3d503 [2006]; People vCampbell, 24 AD3d 463 [2005]), as well as the defendant's challenge to the SupremeCourt's denial of that branch of his omnibus motion which was to dismiss the indictmentpursuant to CPL 30.30 (see People v Cabrera, 254 AD2d 366 [1998]).
Further, the defendant's plea of guilty, itself, resulted in the forfeiture of his right to appellatereview of the Supreme Court's denial of that branch of his omnibus motion which was to dismissthe indictment pursuant to CPL 30.30 (see People v O'Brien, 56 NY2d 1009 [1982];People v Suarez, 55 NY2d 940 [1982]; People v Friscia, 51 NY2d 845 [1980];People v Cabrera, 254 AD2d 366 [1998]; People v Penna, 203 AD2d 392[1994]).[*2]
The defendant's claim of ineffective assistance ofcounsel, to the extent that it is premised on his attorney's alleged failure to investigate, involvesmatter dehors the record and not properly presented on direct appeal (see People vZimmerman, 309 AD2d 824 [2003]; People v Carlisle, 272 AD2d 477 [2000];People v Boyd, 244 AD2d 497 [1997]). The record otherwise fails to support thedefendant's claim since it demonstrates that trial counsel rendered meaningful representation tothe defendant at all stages of the proceedings (see People v Benevento, 91 NY2d 708[1998]). Rivera, J.P., Covello, Angiolillo and Dickerson, JJ., concur.