| People v Morrison |
| 2008 NY Slip Op 04888 [51 AD3d 1041] |
| May 27, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Patrick Morrison, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.
Appeals by the defendant from two judgments of the County Court, Suffolk County (Kahn,J.), both rendered December 9, 2005, convicting him of grand larceny in the second degree (twocounts) and forgery in the second degree (two counts) under indictment No. 741-05, and grandlarceny in the second degree and reckless endangerment in the second degree (two counts) underSuperior Court information No. 1137-05, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of his claimthat he was denied the effective assistance of counsel, except to the extent that the allegedineffective assistance may have affected the voluntariness of his plea (see People vCharpentier, 44 AD3d 680 [2007]; People v Sanchez, 33 AD3d 633, 634 [2006]). Tothe extent that the defendant is claiming that the ineffective assistance of counsel rendered hisplea involuntary, his contention is based on matter dehors the record, which cannot be reviewedon direct appeal (see People v Shemack, 46 AD3d 582, 583 [2007], lv denied 10NY3d 816 [2008]; People v DeLuca, 45 AD3d 777 [2007]).
The defendant's remaining contention was waived by virtue of the valid waiver of his right toappeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d248, 255-256 [2006]). We note that the defendant's attempt to obtain appellate review bymischaracterizing indictment No. 741-05 as jurisdictionally defective is unavailing (seePeople v Stanzoni, 236 AD2d 430 [1997]). Rivera, J.P., Lifson, Miller, Carni and Eng, JJ.,concur.