| People v Wright |
| 2012 NY Slip Op 03676 [95 AD3d 1046] |
| May 8, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Timothy Wright, Appellant. |
—[*1]
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.),rendered March 25, 2010, convicting him of attempted robbery in the first degree and resistingarrest, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was involuntary because the County Courtfailed to assign him new counsel is unpreserved for appellate review, since he withdrew hisapplication prior to pleading guilty and did not move to vacate his plea prior to the imposition ofsentence (see CPL 220.60 [3]; 470.05 [2]; People v Clarke, 93 NY2d 904, 905[1999]; People v Lopez, 71 NY2d 662, 665 [1988]; People v Reynolds, 85 AD3d 825 [2011]; People v Kulmatycski, 83 AD3d734, 735 [2011]; People vPerez, 51 AD3d 1043 [2008]). In any event, the defendant was not entitled to newassigned counsel since he failed to show good cause for the substitution, and the circumstancesdemonstrated that the application, which was made on the day of the scheduled pretrial hearing,was merely a dilatory tactic (see People v Sides, 75 NY2d 822, 824 [1990]; People vArroyave, 49 NY2d 264, 271 [1980]; People v Medina, 44 NY2d 199, 208 [1978];People v Reynolds, 85 AD3d825 [2011]; People v Martin,41 AD3d 616 [2007]; People vPlato, 22 AD3d 507 [2005]). Furthermore, nothing that occurred during the pleaallocution called into question the voluntariness of the defendant's plea (see People v Seeber, 4 NY3d 780,781-782 [2005]; People v Reynolds,85 AD3d 825 [2011]; People v Kulmatycski, 83 AD3d at 735; People v Martinez, 78 AD3d 966,967 [2010]).
The defendant's valid waiver of the right to appeal precludes appellate review of his claimthat he was deprived of the effective assistance of counsel, except to the extent that counsel'salleged ineffectiveness affected the voluntariness of his plea (see People v Duah, 91 AD3d 884 [2012]; People v Williams, 84 AD3d1417, 1418 [2011]; People vYarborough, 83 AD3d 875 [2011]). To the extent the defendant contends thatineffective assistance of counsel affected the voluntariness of his plea, the record demonstratesthat the defendant received an advantageous plea and nothing in the record casts doubt on theapparent effectiveness of counsel (seePeople v Yarborough, 83 AD3d 875 [2011]; People v Watt, 82 AD3d 912, 912-913 [2011]; People v Moss, 74 AD3d 1360[2010]). Moreover, the defendant acknowledged at the plea allocution that he was satisfied withhis counsel's representation (see [*2]People v Duah, 91AD3d at 885; People v Watt, 82 AD3d at 913; People v Aguayo, 73 AD3d 938, 939 [2010]).
The defendant's valid waiver of his right to appeal precludes review of his challenge to thesentence as excessive (see People vLopez, 6 NY3d 248, 255 [2006]; People v Holman, 89 NY2d 876 [1996];People v Seaberg, 74 NY2d 1, 11 [1989]). Angiolillo, J.P., Florio, Leventhal and Lott,JJ., concur.