| People v Mahipat |
| 2008 NY Slip Op 02328 [49 AD3d 1243] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v MorvinMahipat, Appellant. |
—[*1] Patricia A. DeAngelis, District Attorney, Troy (Anne L. Von Fricken Coonrad of counsel),for respondent.
Appeal (transferred to the Appellate Division of the Supreme Court in the Fourth JudicialDepartment, by order of the Appellate Division, Third Department) from a judgment of theRensselaer County Court (Robert M. Jacon, J.), rendered March 16, 2006. The judgmentconvicted defendant, upon his plea of guilty, of burglary in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, ofburglary in the third degree (Penal Law § 140.20), defendant contends that he was deniedeffective assistance of counsel. That contention "does not survive his guilty plea or his waiver ofthe right to appeal because there was no showing 'that the plea bargaining process was infectedby [the] allegedly ineffective assistance or that defendant entered the plea because of hisattorney['s] allegedly poor performance' " (People v Leonard, 37 AD3d 1148, 1149 [2007], lv denied 8NY3d 947 [2007]). In any event, defendant failed to preserve that contention for our reviewinasmuch as he failed to move to withdraw the plea or to vacate the judgment of conviction onthat ground (see id.).
Defendant further contends that County Court should have recused itself because the victimwas an Appellate Division Justice with whom the court had a personal relationship. Thatcontention also is encompassed by the waiver of the right to appeal and is unpreserved for ourreview (see CPL 470.05 [2]; Leonard, 37 AD3d at 1149). In any event, thatcontention lacks merit. Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.