| People v Watt |
| 2011 NY Slip Op 01872 [82 AD3d 912] |
| March 8, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MarkWatt, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and RichardLongworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Cohen,J.), rendered June 3, 2008, convicting him of grand larceny in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal hisconviction and sentence as part of the plea agreement (see People v Lopez, 6 NY3d 248 [2006]; People vCallahan, 80 NY2d 273 [1992]; People v Seaberg, 74 NY2d 1 [1989]). Thedefendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of hisclaims that the County Court improperly denied his motion to adjourn sentencing to allow himadditional time to make a restitution payment and that the sentence was excessive (see People v Lewis, 73 AD3d1212 [2010]; People v Safey-Kelsch, 301 AD2d 541 [2003]).
The defendant's waiver of his right to appeal precludes appellate review of his contention thathe was denied the effective assistance of counsel, except to the extent that the alleged ineffectiveassistance affected the voluntariness of his plea (see People v Aguayo, 73 AD3d 938, 939 [2010]; People v Gedin, 46 AD3d 701,701 [2007]; People v Dixon, 41AD3d 861, 862 [2007]). To the extent that the defendant is claiming that the ineffectiveassistance of counsel rendered his plea involuntary, the record reveals that the defendant receivedan advantageous plea, and nothing in the record casts doubt on the apparent effectiveness ofcounsel (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Ford, 86NY2d 397, 404 [1995]; People v Baldi, 54 NY2d 137, 146-147 [1981]; People vAguayo, 73 AD3d at 939; People vHughes, 62 AD3d 1026 [2009]). Moreover, the defendant stated at the plea allocutionthat he was satisfied with his counsel's representation (see People v Aguayo, 73 AD3d at939; People v Jackson, 56 AD3d492, 492-493 [2008]). Mastro, J.P., Angiolillo, Balkin, Lott and Miller, JJ., concur.