| People v Thomas |
| 2008 NY Slip Op 03338 [50 AD3d 1315] |
| April 17, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v TerrienceThomas, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), forrespondent.
Malone Jr., J. Appeal from a judgment of the County Court of Schenectady County (Drago,J.), rendered March 6, 2007, convicting defendant upon his plea of guilty of the crime of criminalpossession of a weapon in the third degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to criminal possession ofa weapon in the third degree. Under the terms of the plea agreement, he waived his right toappeal and was to be sentenced to five years in prison to be followed by a period of postreleasesupervision ranging from 1½ to 3 years. At sentencing, defense counsel moved ondefendant's behalf to withdraw his guilty plea on the ground that it was not knowingly andvoluntarily made. County Court summarily denied the motion and proceeded to sentencedefendant to five years in prison and two years of postrelease supervision. Defendant nowappeals.
Defendant contends that he was denied the effective assistance of counsel and his guilty pleawas not knowingly, voluntarily and intelligently made. Preliminarily, we note that defendant isprecluded by his appeal waiver from challenging the effectiveness of his counsel except to theextent that it relates to the voluntariness of his plea (see People v Morelli, 46 AD3d 1215, 1217 [2007]). Inasmuch asdefendant's assertions in this regard are not so confined, we need not address his claim.[*2]
We find no merit to defendant's contention that his guiltyplea was not knowingly, voluntarily and intelligently made. A review of the plea proceedingsdiscloses that County Court advised defendant of the consequences of pleading guilty, includinghis waiver of the right to appeal, and defendant indicated that he understood them. Defendantfurther stated that he was not coerced or under the influence of substances affecting his ability tocomprehend the proceedings and was satisfied with the services of his attorney. The fact thatdefendant was displeased with the negotiated sentence does not establish that his guilty plea wasinvoluntary (see People v Rivera, 266 AD2d 576, 577 [1999]). Absent evidence ofinnocence, fraud or mistake in the inducement of the plea, we find no abuse of discretion inCounty Court's summary denial of defendant's motion to withdraw (see People v Thomas, 25 AD3d879, 880 [2006], lv denied 6 NY3d 853 [2006]; People v Coss, 19 AD3d 943, 943-944 [2005], lv denied 5NY3d 805 [2005]).
Peters, J.P., Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.