| People v Doyle |
| 2011 NY Slip Op 01953 [82 AD3d 564] |
| March 17, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Thomas A. Doyle, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 1, 2007,convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencinghim, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal. The waiver forecloses defendant'sclaim that he was deprived of the right to retain counsel of his own choosing (see People v Whitfield, 52 AD3d748 [2008], lv denied 11 NY3d 858 [2008]). That claim does not go to thevoluntariness of defendant's plea (cf.People v Parilla, 8 NY3d 654, 660 [2007]). Defendant's claim that the court's denial of afurther adjournment for the purpose of raising funds to hire private counsel "precipitated" hisplea and appeal waiver is conclusory and unsupported by the record.
As an alternative holding, we find that the court providently exercised its discretion indenying defendant's request for additional time to attempt to hire an attorney (see People vArroyave, 49 NY2d 264, 270-271 [1980]). The court had previously afforded defendantreasonable opportunities to retain private counsel. In light of defendant's previous inability tosecure the necessary funds despite purported attempts to do so, the court properly concluded thatfurther delay was unwarranted. Concur—Andrias, J.P., Saxe, Friedman, Moskowitz andRichter, JJ.