| People v Bond |
| 2016 NY Slip Op 08567 [145 AD3d 1323] |
| December 22, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vPierre Bond, Appellant. |
Susan Patnode, Rural Law Center of New York, Castleton (Kelly L. Egan ofcounsel), for appellant.
Mary E. Rain, District Attorney, Canton (Marquetta Christy of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered July 14, 2014, convicting defendant upon his plea of guilty of thecrime of criminal sexual act in the first degree.
Defendant pleaded guilty to a reduced charge of criminal sexual act in the firstdegree and waived his right to appeal. Defendant's subsequent oral motion to withdrawhis plea was denied and County Court sentenced him, in accordance with the pleaagreement, to a prison term of 21 years followed by 20 years of postrelease supervision.Defendant appeals.
Initially, defendant challenges his plea as not knowingly, voluntarily and intelligentlyentered. To the extent that defendant preserved the issues in his motion to withdraw hisguilty plea (see People vBurns, 133 AD3d 1045, 1046 [2015], lv denied 27 NY3d 1149 [2016]),the record belies his contention that County Court coerced him into pleading guilty orthat any alleged errors by defense counsel rendered his plea involuntary. We note that, tothe extent that defendant's challenges to the ineffective assistance of counsel involvematters outside the record, they are more appropriately addressed in a CPL article 440motion (see People vPerkins, 140 AD3d 1401, 1403 [2016]). Furthermore, defendant's challenge tothe sentence imposed as harsh and excessive is precluded by the waiver of the right toappeal. The record reflects that despite defendant's illiterate cognitive impairment, thewaiver was appropriately explained to defendant, who then knowingly, voluntarily andintelligently waived that right (see People v Andrews, 78 AD3d 1229, 1233 [2010], lvdenied 16 NY3d 827 [2011]).
[*2] Peters,P.J., Egan Jr., Lynch and Devine, JJ., concur. Ordered that the judgment is affirmed.