| People v Gallo |
| 2008 NY Slip Op 07145 [54 AD3d 964] |
| September 23, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v GenoGallo, 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 April 9, 2007, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant argues that he was denied the effective assistance of counsel. However, thedefendant received an advantageous plea, and nothing in the record casts doubt on the apparenteffectiveness of counsel (see People v Ford, 86 NY2d 397 [1995]; People v Boodhoo,191 AD2d 448 [1993]; see generallyPeople v Turner, 5 NY3d 476 [2005]; People v Caban, 5 NY3d 143 [2005]). In reaching thisdetermination, we have not reviewed the defendant's contention that he was denied effectiveassistance of counsel by a lack of zealous advocacy at his sentencing, as review of that contentionis precluded by his valid waiver of his right to appeal (see People v Perez, 51 AD3d 1042 [2008]; People v Luster, 45 AD3d 866[2007]). Further, we have not reviewed his contention that his attorney failed to adequatelyinvestigate, prepare, and discuss the case, as that contention is based on matter dehors the record,which cannot be reviewed on direct appeal (see People v Morrison, 51 AD3d 1041 [2008]).
The defendant's valid waiver of his right to appeal precludes review of his challenge to thesentence as excessive (see People vLopez, 6 NY3d 248 [2006]; People v Perez, 51 AD3d 1042 [2008]). Ritter, J.P., Miller, Dillonand McCarthy, JJ., concur.