| People v White |
| 2009 NY Slip Op 04093 [62 AD3d 916] |
| May 19, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Latasha White, 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 (Berry, J.),rendered January 7, 2008, convicting her of burglary in the second degree, upon her plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
To the extent that the defendant claims that she was deprived of her right to the effectiveassistance of counsel under the United States Constitution (see US Const 6th Amend)because her attorney allegedly improperly advised her about the term of imprisonment to beimposed, that claim is based on matter dehors the record, and thus cannot be reviewed on directappeal from the judgment of conviction (see People v Paugam, 57 AD3d 1012 [2008]; People v Reels, 17 AD3d 488,489 [2005]; People v Campbell, 6AD3d 623, 624 [2004]). To the extent that the claim is based upon matters contained in therecord, it is without merit (see Hill v Lockhart, 474 US 52, 59 [1985]; Strickland vWashington, 466 US 668 [1984]; People v McDonald, 1 NY3d 109, 113-114 [2003]).
The defendant's valid and unrestricted waiver of her right to appeal, executed as part of herplea agreement, precludes review of her claim that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 255 [2006]; People v Seaberg, 74 NY2d 1, 9 [1989]). Rivera, J.P.,Dillon, Covello, Eng and Hall, JJ., concur.