| People v Thacker |
| 2008 NY Slip Op 00059 [47 AD3d 423] |
| January 8, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DavidThacker, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), forrespondent.
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 4,2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in thethird degree and criminal possession of a controlled substance in the seventh degree, andsentencing him to an aggregate term of 12 years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal from his conviction after trial.Defendant clearly indicated his understanding that he was waiving that right in exchange for afavorable sentence, along with the People's waiver of their right to commence persistent felonyoffender proceedings. On appeal, defendant asserts that the waiver was the product of ineffectiveassistance of counsel. He suggests that his attorney failed to advise him of allegedly meritoriousappellate issues concerning the sufficiency and weight of the evidence supporting the saleconviction. While an ineffectiveness of counsel claim that goes to the voluntariness of a waiverof the right to appeal may survive such a waiver (see People v Parilla, 8 NY3d 654, 660 [2007]), here defendant'sclaims are unreviewable on direct appeal because they involve matters outside the record (seePeople v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]).We have considered and rejected defendant's remaining arguments concerning the validity of thewaiver. Concur—Lippman, P.J., Mazzarelli, Gonzalez, Sweeny and McGuire, JJ.