| People v Badmaxx |
| 2019 NY Slip Op 08893 [178 AD3d 1205] |
| December 12, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Suleiman Badmaxx, Appellant. |
Craig Meyerson, Peru, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward, for respondent.
Aarons, J. Appeal from a judgment of the County Court of Washington County (McKeighan,J.), rendered January 22, 2016, convicting defendant upon his plea of guilty of the crime ofcriminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of acontrolled substance in the third degree and waived his right to appeal. In accordance with theterms of the plea agreement, he was sentenced, as a second felony offender, to a prison term ofsix years, followed by three years of postrelease supervision. Defendant appeals.
Regardless of the validity of defendant's appeal waiver, defendant's challenge to thevoluntariness of his guilty plea, premised upon County Court's alleged failure to adequatelyadvise him of the deportation consequences of his plea (see generally CPL 220.50 [7]), isunpreserved for our review in the absence of an appropriate postallocution motion (see People v Carroll, 172 AD3d1821, 1821 [2019], lv denied 34 NY3d 929 [2019]; People v Tariq, 166 AD3d 1211,1211-1212 [2018], lv denied 32 NY3d 1178 [2019]; People v Thomas, 153 AD3d 1445, 1446 [2017], lv denied30 NY3d 1064 [2017]; People vBalbuena, 123 AD3d 1384, 1385 [2014]). Contrary to defendant's assertion, theexception to the preservation doctrine is not applicable as he knew about the possibility ofdeportation throughout the proceedings (see People v Peque, 22 NY3d 168, 183 [2013]) and did not makeany statements during the plea colloquy or at sentencing that cast significant doubt upon his guiltor otherwise called into question the voluntariness of his plea (see People v Pastor, 28 NY3d1089, 1090-1091 [2016]; People v Lopez, 71 NY2d 662, 666 [1988]; People v Mathayo, 155 AD3d1090, 1091 [2017], lv denied 30 NY3d 1107 [2018]). Defendant's ineffectiveassistance of counsel claim, to the extent that it impacts the voluntariness of his plea, is similarlyunpreserved (see People v Walker,166 AD3d 1393, 1394 [2018]). To the extent that defendant's ineffective assistance ofcounsel claim involves matters outside the record, it is more properly the subject of a CPL article440 motion (see People v Peque, 22 NY3d at 202-203; People v Tariq, 166 AD3dat 1212; People v Balbuena, 123 AD3d at 1386). Accordingly, the judgment ofconviction is affirmed.
Garry, P.J., Egan Jr. and Lynch, JJ., concur. Ordered that the judgment is affirmed.