| People v Monforte |
| 2018 NY Slip Op 07783 [166 AD3d 1222] |
| November 15, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Jonathan Monforte, Also Known as J-5,Appellant. |
Craig Meyerson, Peru, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), forrespondent.
Lynch, J. Appeal from a judgment of the County Court of Schenectady County(Sypniewski, J.), rendered April 14, 2016, convicting defendant upon his plea of guiltyof the crime of manslaughter in the first degree.
Defendant waived indictment and agreed to be prosecuted by a superior courtinformation charging him with manslaughter in the first degree. He pleaded guilty to thiscrime and waived his right to appeal, both orally and in writing. Defendant wassubsequently sentenced, in accordance with the terms of the plea agreement, to 25 yearsin prison followed by five years of postrelease supervision. He now appeals.
Defendant's sole claim is that he was denied the effective assistance of counselbecause his counsel did not properly investigate his case or undertake appropriateprocedural steps in furtherance of his defense. To the extent that this claim impacts uponthe voluntariness of defendant's guilty plea, it survives his uncontested waiver of theright to appeal but is unpreserved for our review absent evidence of an appropriatepostallocution motion (seePeople v White, 164 AD3d 959, 960 [2018]; People v Gardiner, 159 AD3d 1233, 1234 [2018], lvdenied 31 NY3d 1082 [2018]). As defendant did not make any statements during theplea colloquy that were inconsistent with his guilt or otherwise called into question thevoluntariness of his plea, the narrow exception to the preservation requirement isinapplicable (see People vReap, 163 AD3d 1287, 1288 [2018]; People v Smith, 155 AD3d 1244, 1245 [2017]). Finally, thebalance of defendant's ineffective assistance of counsel claim implicates matters outsideof the record that, in turn, are more properly the subject of a CPL article 440 motion(see People v Smith, 155 AD3d at 1246; People v Williams, 150 AD3d 1549, 1551 [2017]).
Garry, P.J., McCarthy, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.