| People v Perazzo |
| 2009 NY Slip Op 06449 [65 AD3d 1058] |
| September 8, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnPerazzo, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered June 5, 2003, convicting him of grand larceny in the second degree (sixcounts) and grand larceny in the third degree (two counts), upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
"The defendant's waiver of his right to appeal precludes appellate review of his [contention]that he was denied effective assistance of counsel except to the extent that the alleged ineffectiveassistance of counsel [may have] affected the voluntariness of his plea" (People v Rossetti, 55 AD3d 637,638 [2008]; People v McCollum,54 AD3d 690 [2008]; People vPerez, 51 AD3d 1043 [2008]). Moreover, "[b]y pleading guilty, the defendant forfeited. . . his claims of ineffective assistance of counsel which do not directly involve thebargaining process" (People vRussell, 58 AD3d 759, 760 [2009]; People v DeLuca, 45 AD3d 777 [2007]; People v Turner, 40 AD3d 1018,1019 [2007]). With respect to the defendant's contention that his plea of guilty was coerced as aresult of the alleged ineffectiveness of his trial counsel, " '[a] motion to withdraw a plea of guiltyis addressed to the sound discretion of the trial court' " (People v Gedin, 46 AD3d 701 [2007], quoting People v Levy, 39 AD3d 670, 671[2007]; see CPL 220.60 [3]; People v Alexander, 97 NY2d 482, 485 [2002])."The defendant's [contention] that his plea of guilty was coerced as a result of the allegedineffectiveness of his trial counsel is belied by [the record]" (People v Gedin, 46 AD3dat 701; People v Gutierrez, 35AD3d 883 [2006]). Accordingly, the Supreme Court providently exercised its discretion indenying the defendant's application to withdraw his plea of guilty. Fisher, J.P., Miller, Angiolilloand Hall, JJ., concur.