| People v Jessamy |
| 2016 NY Slip Op 01862 [137 AD3d 1056] |
| March 16, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Turhan F. Jessamy, Appellant. |
Del Atwell, East Hampton, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Hae Jin Liu andJennifer Spencer of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Hubert, J.), rendered June 9, 2011, convicting him of reckless endangerment in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligentlywaived his right to appeal, in connection with his guilty plea (see People v Ramos, 7 NY3d737, 738 [2006]; People vLopez, 6 NY3d 248, 256-257 [2006]). The defendant's valid waiver precludesappellate review of his challenge to the hearing court's suppression determination (seePeople v Kemp, 94 NY2d 831, 833 [1999]; People v Hackett, 93 AD3d 807 [2012]; People v Pena, 73 AD3d1216 [2010]; People vJohnson, 58 AD3d 868 [2009]).
The defendant claims that he was deprived of his right to be present at or toparticipate in the Sandoval hearing (see People v Sandoval, 34 NY2d 371[1974]). The defendant forfeited that claim by his plea of guilty and valid waiver of theright to appeal (see People v Henderson, 233 AD2d 253, 254 [1996]; see also People v Drago, 50AD3d 920 [2008]).
By validly waiving his right to appeal, the defendant forfeited the right to challengethe effectiveness of his trial counsel, except insofar as counsel's alleged deficienciesaffected the voluntariness of the defendant's guilty plea itself (see People vPetgen, 55 NY2d 529, 535 n 3 [1982]; People v Williams, 84 AD3d 1417, 1418 [2011]; Peoplev Drago, 50 AD3d at 920). The defendant did not move to vacate the plea, and hischallenge to the validity of the guilty plea is therefore not preserved for appellate review(see People v Toxey, 86 NY2d 725, 726 [1995]; People v Lopez, 71NY2d 662, 665 [1988]; Peoplev Franco, 104 AD3d 790 [2013]). In any event, the record demonstrates that thedefendant was afforded the effective assistance of counsel in connection with the guiltyplea (see People v Bennett,115 AD3d 973, 974 [2014]; People v Howard, 109 AD3d 487 [2013]; People v Perez, 51 AD3d1043 [2008]). Rivera, J.P., Austin, Sgroi and Barros, JJ., concur.