| People v Booker |
| 2018 NY Slip Op 01959 [159 AD3d 1221] |
| March 22, 2018 |
| Appellate Division, Third Department |
[*1](March 22, 2018)
| The People of the State of New York, Respondent, v DeshawnBooker, Appellant. |
Jane M. Bloom, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), forrespondent.
Aarons, J. Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.),rendered December 3, 2014, convicting defendant upon his plea of guilty of the crime of criminalpossession of a weapon in the second degree.
In satisfaction of a nine-count indictment, defendant pleaded guilty to criminal possession ofa weapon in the second degree and waived the right to appeal. After initially sentencingdefendant, County Court vacated the sentence in order to provide defendant an opportunity tomove to withdraw his plea. Following a hearing, County Court denied the motion and sentenceddefendant, as a second felony offender, to 13 years in prison, to be followed by five years ofpostrelease supervision. Defendant now appeals.
We affirm. Defendant's unchallenged waiver of the right to appeal precludes his contentionthat the agreed-upon sentence was harsh and excessive (see People v Fairweather, 147 AD3d 1153, 1154 [2017], lvdenied 29 NY3d 1031 [2017]; People v Guzman-Moore, 144 AD3d 1267, 1268 [2016], lvdenied 29 NY3d 949 [2017]). Defendant's claim that he was denied the effective assistanceof counsel—because counsel failed to challenge the validity of a searchwarrant—does not implicate the voluntariness of his plea and is therefore foreclosed by hisappeal waiver (see People v Bouck,153 AD3d 1522, 1523-1524 [2017], lv denied 30 NY3d 1017 [2017]; People v Leigh, 71 AD3d 1288,1288 [2010], lv denied 15 NY3d 775 [2010]). To the extent that defendant claims that hisplea was involuntary due to the ineffective assistance of [*2]counsel, this claim is unpreserved for our review, inasmuch as hedid not move to withdraw his plea on this ground (see People v Chaires, 150 AD3d 1326, 1327 [2017], lvdenied 29 NY3d 1124 [2017]; People v Toledo, 144 AD3d 1332, 1333 [2016], lv denied29 NY3d 1001 [2017]).
We reject defendant's contention that he was unable to appeal the denial of his motion towithdraw his plea because County Court did not issue a written decision thereon. Initially, thereis no requirement that a court render a written decision when denying a motion to withdraw aguilty plea (see CPL 220.60; seegenerally People v Elmer, 19 NY3d 501, 507-508 [2012]; compare People v Barnett, 99 AD3d1030, 1031 [2012]). As to an appeal of the denial of a motion to withdraw a guilty plea,"[a]ppeals in criminal cases are strictly limited to those authorized by statute" (People v Bautista, 7 NY3d 838,838-839 [2006]; accord People vRubeo, 60 AD3d 1206, 1207 [2009]). "Inasmuch as an order denying a motion towithdraw a guilty plea does not fall within the provisions of CPL article 450," a separate appealfrom such an order does not lie (People v Rubeo, 60 AD3d at 1207; see People vRiley, 25 AD2d 915, 916 [1966]). Rather, defendant could have challenged the denial of hismotion upon appeal of the judgment of conviction (see CPL 470.15 [1]; People vRubeo, 60 AD3d at 1207). Defendant's remaining claims have been considered and found tobe without merit.
Egan Jr., J.P., Lynch, Mulvey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.