| People v Smith |
| 2018 NY Slip Op 04358 [162 AD3d 799] |
| June 13, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Donnie P. Smith, Appellant. |
Philip H. Schnabel, Chester, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Robert H. Middlemiss of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (CraigStephen Brown, J.), rendered November 29, 2016, convicting him of criminal possession of aweapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSanders, 25 NY3d 337, 341-342 [2015]; People v Scanlon, 143 AD3d 746 [2016]). The defendant's waiverof his right to appeal limits this Court's review to issues regarding the voluntariness of the plea,including issues of ineffective assistance of counsel that affected the voluntariness of the plea (see People v Parilla, 8 NY3d 654,660 [2007]; People v Flowers, 152AD3d 791 [2017]). There is nothing in this record indicating that the defendant's plea ofguilty was involuntary, or that counsel's performance affected the voluntariness of the defendant'splea of guilty. Dillon, J.P., Austin, Miller and Hinds-Radix, JJ., concur.