| People v Montalvo |
| 2013 NY Slip Op 02271 [105 AD3d 774] |
| April 3, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Cesar Montalvo, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Jeanette Lifschitz, Tina Grillo, and Suzanne H. Sullivan of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered July 20, 2010, convicting him of burglary in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant moved to withdraw his plea of guilty on the ground that the plea wasnot knowing, voluntary, and intelligent because, inter alia, his attorney allegedly renderedineffective assistance. After a hearing, the defendants' motions were denied.
Contrary to the defendant's contention, his waiver of the right to appeal wasknowing, voluntary, and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People vSeaberg, 74 NY2d 1, 11 [1989]). Because the defendant voluntarily waived his rightto appeal, his claim that he was deprived of his right to effective assistance of counsel isprecluded, except to the extent that the alleged ineffective assistance may have affectedthe voluntariness of his plea (see People v Ramos, 77 AD3d 773, 774 [2010]; People v Drago, 50 AD3d920, 920 [2008]; People vDemosthene, 2 AD3d 874, 874 [2003]). Insofar as he contends that his counsel'sconduct affected the voluntariness of his plea, contrary to the defendant's contention, hisattorney provided him with meaningful representation (see People v Caban, 5 NY3d143, 152 [2005]; People v Baldi, 54 NY2d 137, 147 [1981]). Moreover, therecord demonstrates that the defendant's plea of guilty was knowingly, voluntarily, andintelligently entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Lopez, 71 NY2d 662, 666 [1988]; People v Harris, 61 NY2d 9,16 [1983]). Accordingly, the Supreme Court providently exercised its discretion indenying the defendant's motions to withdraw his guilty plea (see generally People v Seeber,4 NY3d 780, 780 [2005]; People v Bivens, 88 AD3d 808, 808 [2011]; People v Bruno, 73 AD3d941, 941 [2010]; People vPooler, 58 AD3d 757, 757 [2009]; People v Mann, 32 AD3d 865, 866 [2006]; People v Kucharczyk, 15AD3d 595, 595 [2005]). Eng, P.J., Dickerson, Hall and Lott, JJ., concur.