| People v Buggsward |
| 2016 NY Slip Op 02846 [138 AD3d 881] |
| April 13, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Lindel Buggsward, Appellant. |
Robert C. Mitchell, Riverhead, NY (Felice B. Milani of counsel), for appellant, andappellant pro se.
Thomas J. Spota, District Attorney, Riverhead, NY (Marion M. Tang of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Braslow, J.), rendered March 6, 2014, convicting him of burglary in the first degree (twocounts), robbery in the first degree (four counts), criminal possession of a weapon in thesecond degree, and resisting arrest, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was originally convicted of all charges against him in this case after atrial. The judgment of conviction was reversed by this Court and a new trial was ordered(see People v Buggsward,104 AD3d 865 [2013]). The defendant subsequently pleaded guilty to all chargesagainst him.
The defendant's contention regarding the denial of his pretrial motion to suppresstestimony regarding a showup identification, his contention that his previous counsel wasineffective for failing to reopen the Wade hearing (see United States vWade, 388 US 218 [1967]), and his pro se contention that the police lacked probablecause to arrest him are not properly before this Court, as those contentions could havebeen raised on the defendant's appeal from his original judgment of conviction (see People v Curtis, 119 AD3d705 [2014]; People v Licitra, 125 AD2d 592 [1986]).
While the defendant also contends that counsel who represented him at his plea wasineffective for failing to file a motion for a Dunaway hearing (see Dunaway vNew York, 442 US 200 [1979]), by pleading guilty, the defendant forfeited appellatereview of any claim of ineffective assistance of counsel at his plea that does not directlyinvolve the plea bargaining process, including the failure to make a motion for a pretrialhearing (see People v Petgen, 55 NY2d 529, 535 [1982]; People v Donovan, 133 AD3d615 [2015]; People vMcGuire, 122 AD3d 947 [2014]). Hall, J.P., Cohen, Hinds-Radix and Connolly,JJ., concur.