People v McCollum

2008 NY Slip Op 06724 [54 AD3d 690]

September 2, 2008

Appellate Division, Second Department

As corrected through Wednesday, October 29, 2008

The People of the State of New York,Respondent, v Vincent McCollum, Appellant.

—[*1]Adam W. Toraya, New York, for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island (Morrie I. Kleinbart and Anne Gradyof counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney,J.), rendered July 19, 2006, convicting him of rape in the first degree and attempted murder in thesecond degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's right to a review of his contentions on appeal was forfeited by his plea ofguilty (see People v Taylor, 65 NY2d 1, 5-6 [1985]; People v Silent, 37 AD3d 625 [2007]). Further, a defendant'swaiver of the right to appeal precludes review of a claim of ineffective assistance of counselexcept to the extent that the alleged ineffective assistance may have affected the voluntariness ofthe plea (see People v Perez, 51AD3d 1043 [2008]; People vDixon, 41 AD3d 861 [2007]). Here, the defendant does not claim that the allegedineffectiveness of counsel affected the voluntariness of his plea. Santucci, J.P., Angiolillo, Engand Chambers, JJ., concur.