| People v Fisher |
| 2012 NY Slip Op 03001 [94 AD3d 1435] |
| April 20, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Michael J.Fisher, 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.), renderedMay 2, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery inthe 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 that it was "intended comprehensively to cover all aspectsof the case" (People v Muniz, 91 NY2d 570, 575 [1998]). "Insofar as defendant contendsthat the waiver of the right to appeal should not encompass any issues raised in a CPL article 330or CPL article 440 motion or in an application for coram nobis relief . . . , thatcontention is premature because it seeks merely an advisory opinion" (People v Hill, 93 AD3d 1237,1237 [2012]). Defendant's further contention that he received ineffective assistance of counseldoes not survive the guilty plea or the waiver of the right to appeal inasmuch as "defendant failedto demonstrate that the plea bargaining process was infected by [the] allegedly ineffectiveassistance or that defendant entered the plea because of [defense counsel's] allegedly poorperformance" (People v Gleen, 73AD3d 1443, 1444 [2010], lv denied 15 NY3d 773 [2010] [internal quotation marksomitted]). Present—Centra, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.