People v Islam
2015 NY Slip Op 09564 [134 AD3d 1348]
December 24, 2015
Appellate Division, Third Department
As corrected through Wednesday, February 11, 2015


[*1]
 The People of the State of New York, Respondent, vShafiqul Islam, Appellant.

Carolyn B. George, Albany, for appellant.

Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), forrespondent.

Lahtinen, J.P. Appeal from a judgment of the County Court of Columbia County(Nichols, J.), rendered June 26, 2012, convicting defendant upon his plea of guilty of thecrimes of murder in the second degree and criminal possession of stolen property in thefourth degree (three counts).

Defendant pleaded guilty to murder in the second degree and three counts of criminalpossession of stolen property in the fourth degree as charged in a four-count indictment.He was sentenced as a second felony offender to 20 years to life on the murderconviction and 2 to 4 years on each of the remaining charges. Defendant appeals.

Defendant's sole contention on appeal is that he received the ineffective assistance ofcounsel. "[D]efendant's challenges to counsel's motion practice and discovery effortswere forfeited by his guilty plea" (People v Kormos, 126 AD3d 1039, 1040 [2015] [internalquotation marks and citation omitted]). To the extent that defendant's ineffectiveassistance claim impacts upon the voluntariness of his plea, it is unpreserved for ourreview as the record does not reflect that a postallocution motion was made (see People v Smith, 119 AD3d1088, 1089 [2014], lv denied 24 NY3d 1089 [2014]) and reversal in theinterest of justice is unwarranted (see People v Newton, 113 AD3d 1000, 1001 [2014], lvdenied 23 NY3d 1041 [2014]).

McCarthy, Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.


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