| People v Dunne |
| 2013 NY Slip Op 03497 [106 AD3d 928] |
| May 15, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Peter Dunne, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Middletown, N.Y. (Andrew R. Kass ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(Freehill, J.), rendered January 31, 2011, convicting him of manslaughter in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
By pleading guilty, the defendant forfeited appellate review of his claim ofineffective assistance of counsel to the extent that the claim does not directly involve theplea negotiation (see People v Petgen, 55 NY2d 529, 535 [1982]; People v Soria, 99 AD3d1027 [2012]). In addition, the defendant's valid waiver of his right to appealprecludes appellate review of his claim of ineffective assistance of counsel, except to theextent that the alleged ineffective assistance affected the voluntariness of his plea (see People v Lopez, 6 NY3d248, 257 [2006]; People vSmith, 102 AD3d 896, 897 [2013]). To the extent that the defendant claims thatineffective assistance of counsel affected the voluntariness of his plea, the record revealsthat he received an advantageous plea, and nothing in the record casts doubt upon theapparent effectiveness of counsel (see People v Ford, 86 NY2d 397, 404 [1995];People v Ropiza, 100 AD3d935 [2012], lv denied 20 NY3d 1103 [2013]).
The defendant's valid waiver of his right to appeal precludes appellate review of hisclaim that the sentence imposed was excessive (see People v Lopez, 6 NY3d at255-256; People v Elufe,102 AD3d 982 [2013]). Skelos, J.P., Hall, Lott and Hinds-Radix, JJ., concur.