| People v Castro |
| 2021 NY Slip Op 01783 [192 AD3d 1041] |
| March 24, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Elvis Castro, Appellant. |
Jonathan B. Manley, Hauppauge, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (RichardAmbro, J.), rendered January 12, 2017, convicting him of criminal possession of a controlledsubstance in the second degree (two counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his attorney rendered ineffective assistance of counsel byfailing to file a timely motion to suppress evidence is not properly before this Court, since, bypleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance ofcounsel that did not directly involve the plea negotiation process and sentence (see People v Fields, 178 AD3d847, 848 [2019]; People vDavid, 163 AD3d 846 [2018]; People v Donovan, 133 AD3d 615 [2015]).
Accordingly, based on the foregoing determination, the defendant's remaining contentions,which solely regard the validity of the appeal waiver, have been rendered academic and thejudgment must be affirmed. Hinds-Radix, J.P., LaSalle, Barros and Connolly, JJ., concur.