| People v Livziey |
| 2014 NY Slip Op 03885 [117 AD3d 1341] |
| May 29, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vDana R. Livziey, Appellant. |
Theresa M. Suozzi, Saratoga Springs, for appellant.
James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler ofcounsel), for respondent.
Garry, J. Appeal from a judgment of the County Court of Saratoga County (Scarano,J.), rendered November 19, 2012, convicting defendant upon his plea of guilty of thecrime of criminal possession of stolen property in the fourth degree.
Defendant waived indictment and agreed to be prosecuted by a superior courtinformation charging him with criminal possession of stolen property in the fourthdegree. He thereafter pleaded guilty to that crime in full satisfaction of this charge andcertain uncharged crimes and waived his right to appeal. County Court thereaftersentenced defendant, as a second felony offender, to a prison term of 2 to 4 years, withthe sentence to run concurrently with a sentence he was already serving. Defendantappeals.
We affirm. Defendant's valid waiver of the right to appeal his conviction andsentence, which he does not challenge, forecloses his claims of ineffective assistance ofcounsel, except to the extent that the alleged ineffective assistance directly affected thevoluntariness of his plea (seePeople v Ildefonso, 89 AD3d 1327, 1327 [2011]; People v Santos-Rivera, 86AD3d 790, 790 [2011], lv denied 17 NY3d 904 [2011]). Such claimsregarding the voluntariness of his plea are unpreserved for review, however, as therecord does not reflect that defendant made an appropriate postallocution motion (see People v Aitken, 101AD3d 1383, 1384 [2012], lv denied 21 NY3d 1040 [2013]; People v DeJesus, 96 AD3d1295, 1295 [2012]). Defendant's remaining claim, that his sentence is harsh andexcessive, is foreclosed by his valid waiver of the right to [*2]appeal (see People v Marshall, 108 AD3d 884, 884 [2013], lvdenied 22 NY3d 957 [2013]; People v Passino, 104 AD3d 1060, 1061 [2013], lvdenied 22 NY3d 1157 [2014]).
Peters, P.J., Lahtinen, McCarthy and Devine, JJ., concur. Ordered that the judgmentis affirmed.