| People v Holland |
| 2012 NY Slip Op 00226 [91 AD3d 672] |
| Jnury 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rakeem Holland, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Hinrichs,J.), rendered February 10, 2011, convicting him of criminal sale of a controlled substance in thethird degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, intelligently, and voluntarily waivedhis right to appeal (see People vLopez, 6 NY3d 248, 256-257 [2006]; cf. People v Bradshaw, 18 NY3d 257, 265 [2011]). The defendant'svalid waiver of appeal precludes review of his contention that the sentencing court should haveconsidered and determined whether to sentence him as a youthful offender (see People v Billings, 60 AD3d961, 962 [2009]; People vValentin, 15 AD3d 424 [2005]; People v Friedlander, 11 AD3d 556 [2004]).
The ineffective assistance of counsel alleged by the defendant did not directly involve thenegotiation of his plea of guilty or otherwise affect the voluntariness of the plea. Accordingly, bypleading guilty, the defendant forfeited appellate review of his ineffective assistance of counselclaim (see People v Jones, 89 AD3d1037 [2011]; People v Sorino,82 AD3d 911 [2011]). Skelos, J.P., Hall, Austin and Miller, JJ., concur.