| People v Hill |
| 2012 NY Slip Op 01987 [93 AD3d 1237] |
| March 16, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Shannon V.Hill, Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), renderedApril 19, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted robberyin the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofattempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]). Wereject defendant's contention that his waiver of the right to appeal is invalid. "No particular litanyis required for an effective waiver of the right to appeal" (People v McDonald, 270 AD2d955 [2000], lv denied 95 NY2d 800 [2000]; see People v Moissett, 76 NY2d 909,910-911 [1990]). The record establishes that defendant's waiver of the right to appeal wasknowing, voluntary and intelligent and was "intended comprehensively to cover all aspects of thecase" (People v Muniz, 91 NY2d 570, 575 [1998]). Insofar as defendant contends that thewaiver of the right to appeal should not encompass any issues raised in a CPL article 330 or CPLarticle 440 motion or in an application for coram nobis relief (see generally People v Liggins, 56 AD3d 1265 [2008]), thatcontention is premature because it seeks merely an advisory opinion. Defendant's furthercontention that he received ineffective assistance of counsel does not survive the waiver of theright to appeal or the guilty plea inasmuch as there is no showing that "the plea bargainingprocess was infected by [the] allegedly ineffective assistance or that defendant entered the pleabecause of [his] attorney['s] allegedly poor performance" (People v Gleen, 73 AD3d 1443, 1444 [2010], lv denied 15NY3d 773 [2010] [internal quotation marks omitted]). Present—Scudder, P.J., Centra,Carni, Lindley and Martoche, JJ.