People v Pena

2022 NY Slip Op 02563 [204 AD3d 940]

April 20, 2022

Appellate Division, Second Department

As corrected through Wednesday, June 1, 2022

[*1]

The People of the State of New York,Respondent, v Victor Pena, Appellant.

Salvatore C. Adamo, New York, NY, for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello and GlennGreen of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Andrew A.Crecca, J.), rendered June 19, 2018, convicting him of assault in the first degree, assault in thesecond degree, and endangering the welfare of a child (four counts), upon his plea of guilty, andimposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his plea of guilty was not knowingly, voluntarily, or intelligentlyentered because his trial counsel failed to make any pretrial motions to suppress evidence. Thiscontention is not preserved for appellate review, since the defendant did not move to withdrawhis plea or otherwise raise these issues in the County Court (see People v Donovan, 133 AD3d 615, 615 [2015]; People v Williams, 129 AD3d1000, 1000 [2015]; People vKing, 115 AD3d 986, 986 [2014]). In any event, the record reveals that the defendant'splea was knowingly, voluntarily, and intelligently entered (see People v Harris, 61 NY2d9, 16 [1983]; People v Donovan, 133 AD3d at 615).

The defendant's contention that he was denied the effective assistance of counsel because hiscounsel failed to make any pretrial motions to suppress evidence is not properly before thisCourt, since by pleading guilty, the defendant forfeited appellate review of his claims ofineffective assistance of counsel that did not directly involve the plea negotiation process orsentencing (see People v Brooks,192 AD3d 1134, 1134 [2021]; People v Castro, 192 AD3d 1041, 1041 [2021]; People v Fields, 178 AD3d 847,848 [2019]; People v Donovan, 133 AD3d at 615).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.