| People v Veras |
| 2013 NY Slip Op 01107 [103 AD3d 984] |
| February 21, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vFranklyn Veras, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), forrespondent.
Mercure, J.P. Appeal from a judgment of the County Court of Albany County(Breslin, J.), rendered July 27, 2010, convicting defendant upon his plea of guilty of thecrime of course of sexual conduct against a child in the first degree.
In satisfaction of a six-count indictment, defendant pleaded guilty to a single count ofcourse of sexual conduct against a child in the first degree. He was thereafter sentenced,in accordance with the plea agreement, to a prison term of 15 years to be followed by 15years of postrelease supervision. Defendant appeals, and we now affirm.
Initially, we agree with defendant that his waiver of the right to appeal was not validinasmuch as County Court failed to adequately distinguish the right to appeal from thoserights that are automatically forfeited upon a guilty plea (see People v Bradshaw, 18NY3d 257, 264-265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]). Basedupon the record before us, however, his ineffective assistance of counsel claim was notpreserved by a motion to withdraw the plea or to vacate the judgment of conviction, andreversal is not warranted in the interest of justice (see People v Lopez, 74 AD3d 1498, 1499 [2010]; see also People v Beltran, 79AD3d 1525, 1525-1526 [2010], lv denied 16 NY3d 828 [2011]). To theextent that his arguments in that regard involve matters outside the record, they are moreproperly the subject of a CPL article 440 motion (People v Lopez, 74 AD3d at1499). Defendant's challenge to his sentence as harsh [*2]and excessive has been considered and found to be lackingin merit.
Rose, Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed.