| People v Moore |
| 2016 NY Slip Op 04965 [140 AD3d 1091] |
| June 22, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Anthony Moore, Appellant. |
Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), forappellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove andSolomon Neubort of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Gary, J.), rendered November 10, 2014, convicting him of rape in the first degree andcriminal sexual act in the first degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligentlywaived his right to appeal (seePeople v Bethea, 133 AD3d 1033 [2015]). The Supreme Court adequatelyexplained, and the defendant acknowledged that he understood, the separate and distinctnature of the waiver of the right to appeal, and the defendant signed a written waiverwhich he discussed with counsel and which adequately supplemented the oral colloquy(see People v Elliot, 137AD3d 715, 716 [2016]; People v Rivera, 126 AD3d 727, 728 [2015]).
The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that the sentence imposed was excessive and of his challenge to the hearingcourt's suppression determination (see People v Magnotta, 137 AD3d 1303 [2016]; People v Walsh, 136 AD3d629 [2016]; People vCarney, 129 AD3d 1511 [2015]; People v Williams, 122 AD3d 781 [2014]; People v Sanchez, 122 AD3d778, 778-779 [2014]). The defendant's valid waiver of his right to appeal alsoprecludes review of his claim that he was deprived of the effective assistance of counselduring the suppression hearing, except to the extent that the alleged ineffective assistancemay have affected the voluntariness of his plea (see People v Jessamy, 137 AD3d 1056 [2016]; People v Ramos, 77 AD3d773 [2010]). To the extent that the defendant's ineffective assistance of counselclaim survives his valid waiver of the right to appeal, the claim is without merit (seePeople Morrow, 48 AD3d 704, 705 [2008]). Rivera, J.P., Roman, Maltese andDuffy, JJ., concur.