| People v Charley |
| 2011 NY Slip Op 00234 [80 AD3d 622] |
| January 11, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v NyandaCharley, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager and Lois Cullen Valerio ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr, J.),rendered January 5, 2009, convicting him of murder in the second degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
In general, a plea of guilty precludes appellate review of all nonjurisdictional issues (see e.g.People v Motley, 69 NY2d 870, 871-872 [1987]; People v Gerber, 182 AD2d 252, 260[1992]). As part of his plea bargain, the defendant "waive[d] [appellate review of] all motionspreviously made in this case." He also knowingly, voluntarily, and intelligently waived his right to appeal(see People v Lopez, 6 NY3d 248,256 [2006]). His current contention that CPL 710.70 (2) nonetheless requires, or at least permits, thisCourt to review a prior order, in which the County Court denied that branch of his omnibus motionwhich was to suppress physical evidence seized pursuant to a search warrant, is therefore without merit(see People v Kemp, 94 NY2d 831, 833 [1999]; People v Pena, 73 AD3d 1216 [2010]).
The defendant's contention that he was deprived of the effective assistance of trial counsel, to theextent that such issue is not encompassed in the defendant's waiver of his right to appeal, is withoutmerit (cf. People v Ramos, 77 AD3d773 [2010]). There is also no merit to his claim that the County Court erred in denying hispresentence motion to withdraw his plea of guilty (see e.g. People v Fiumefreddo, 82 NY2d536, 548 [1993]; People v Tinsley, 35 NY2d 926, 927 [1974]). Rivera, J.P., Dillon, Angiolilloand Austin, JJ., concur.