| People v Morrow |
| 2008 NY Slip Op 01570 [48 AD3d 704] |
| February 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Maurice Morrow, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered May 9, 2006, convicting him of attempted burglary in the second degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSaunders, 19 AD3d 744 [2005]; People v Ciatto, 290 AD2d 560 [2002];People v Walsh, 243 AD2d 590 [1997]). Although the waiver did not preclude review ofthe defendant's claim that his plea was not voluntarily or knowingly made, this claim isunpreserved for appellate review since the defendant did not move to withdraw his plea or vacatethe judgment of conviction on that ground (see People v Hussain, 309 AD2d 818 [2003];People v Harrell, 288 AD2d 489 [2001]; People v Sierra, 256 AD2d 598 [1998]).
The defendant's valid and unrestricted written waiver of the right to appeal, as part of his pleaagreement, precludes appellate review of his claim that the sentence imposed was excessive (see People v Ramos, 21 AD3d1125 [2005], affd 7 NY3d 737 [2006]), and that he received the ineffectiveassistance of counsel (see People vDixon, 41 AD3d 861 [2007]; People v Demosthene, 2 AD3d 874 [2003]). To the extent thedefendant contends that his counsel was ineffective such that the voluntariness of his plea wasaffected, this contention is without merit (see Hill v Lockhart, 474 US 52, 59 [1985];Strickland v Washington, 466 US 668, 687 [1984]; People v McDonald, 1 NY3d 109, 113-115 [2003]). Spolzino, J.P.,Florio, Miller and Dickerson, JJ., concur.