| People v Mendez |
| 2007 NY Slip Op 09138 [45 AD3d 1109] |
| November 21, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JathnielEstrada Mendez, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), forrespondent.
Mercure, J.P. Appeal from a judgment of the County Court of Schenectady County (Hoye,J.), rendered December 21, 2005, convicting defendant upon his plea of guilty of the crime ofkidnapping in the second degree.
In satisfaction of a 13-count indictment, defendant pleaded guilty to kidnapping in the seconddegree. As part of his plea, defendant waived his right to appeal. At sentencing, defendant statedthat he was innocent and had been coerced into accepting the plea offer by his attorney, but hedid not seek to withdraw his guilty plea. County Court thereafter sentenced defendant to 15 yearsin prison, in accordance with the agreement, and defendant now appeals.
We affirm. Defendant's waiver of his right to appeal from the judgment of convictionprecludes any challenge to the effectiveness of counsel except as it relates to the voluntariness ofhis plea. Moreover, while the issue of the voluntariness of the plea does survive the waiver, itmust be preserved by a motion to withdraw the plea or a motion to vacate the judgment ofconviction (see People vGarcia-Toro, 42 AD3d 750, 751 [2007]; People v Baldwin, 36 AD3d 1024, 1024 [2007]), neither of whichwas made in this case. In any event, our review of the plea proceedings reveals nothing that castdoubt upon his guilt or called into question the voluntariness of the plea. Defendant admitted thathe had committed the crime of kidnapping in [*2]the seconddegree, acknowledged an understanding of the rights that he was forfeiting, affirmed that he hadsufficient opportunity to discuss the matter with his attorney and stated that he had not beencoerced or threatened into entering the plea (see People v Nunez, 35 AD3d 902, 903 [2006], lv denied 8NY3d 883 [2007]; People vBowman, 34 AD3d 935, 937 [2006], lv denied 8 NY3d 844 [2007]). Finally,defendant's valid appeal waiver precludes his challenges to County Court's suppression rulingand to the severity of his sentence (seePeople v Ware, 34 AD3d 860, 860 [2006], lv denied 8 NY3d 951 [2007]; People v Scott, 31 AD3d 816, 817[2006]).
Peters, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.