| People v Fenty |
| 2012 NY Slip Op 05185 [96 AD3d 1075] |
| June 27, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Arltonio Fenty, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered February 23, 2010, as amended February 14, 2011, convicting him of attemptedcriminal possession of a weapon in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment, as amended, is affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Appling, 94 AD3d 1135[2012]). This valid waiver also precludes appellate review of his claim that he was denied theeffective assistance of counsel, except to the extent that counsel's alleged ineffectiveness affectedthe voluntariness of his plea (see People v Lopez, 6 NY3d at 255; People v Duah, 91 AD3d 884, 885[2012]). To the extent that the defendant contends that ineffective assistance of counsel affectedthe voluntariness of his plea, the record demonstrates that he pleaded guilty to the charges setforth in the indictment in exchange for a favorable sentencing commitment, and nothing in therecord casts doubt on the apparent effectiveness of counsel (see People v Duah, 91 AD3dat 885; People v Yarborough, 83AD3d 875 [2011]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.