| People v Mercer |
| 2010 NY Slip Op 00709 [69 AD3d 960] |
| January 26, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Arthur Mercer, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston and Anthony J.Servino of counsel; Justin Tolbert on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered February 19, 2009, convicting him of criminal possession of a controlledsubstance in the fourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that he was deprived of the effective assistance of counsel, except to the extent thatthe alleged ineffective assistance involved the voluntariness of his plea (see People vLopez, 6 NY3d 248, 255 [2006]; People v Opoku, 61 AD3d 705 [2009]). To theextent that the defendant is claiming that the ineffective assistance of counsel rendered his pleainvoluntary, the record reveals that the defendant received an advantageous plea, and nothing inthe record casts doubt on the effectiveness of counsel (see People v Ford, 86 NY2d 397[1995]; People v Baldi, 54 NY2d 137 [1981]; People v Gallo, 54 AD3d 964[2008]; People v Boodhoo, 191 AD2d 448 [1993]). Dillon, J.P., Miller, Eng, Hall andSgroi, JJ., concur.