Crimes - Plea of Guilty - Voluntariness - Failure to Assign New Counsel Prior to Plea

Appeal from a judgment of the Supreme Court, Onondaga County (Gordon J. Cuffy, A.J.),rendered June 15, 2022. The judgment convicted defendant upon his plea of guilty ofmanslaughter in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofmanslaughter in the first degree (Penal Law § 125.20 [1]), stemming from theshooting death of the victim. We affirm.

Contrary to defendant's contention, the record establishes that he validly waived his right toappeal (see People v Lollie, 204AD3d 1430, 1430-1431 [4th Dept 2022], lv denied 38 NY3d 1134 [2022]). Thatvalid waiver forecloses appellate review of defendant's challenges to the severity of the sentence(see People v Lopez, 6 NY3d248, 255 [2006]) and to Supreme Court's suppression ruling (see People v Sanders, 25 NY3d337, 342 [2015]; People vEdmonds, 229 AD3d 1275, 1278 [4th Dept 2024], lv denied 43 NY3d 930[2025]).

Defendant further contends that the court erred in failing to make an appropriate inquiry intohis requests for new counsel. Defendant's contention "is encompassed by the plea and the waiverof the right to appeal except to the extent that the contention implicates the voluntariness of theplea" (People v Morris, 94 AD3d1450, 1451 [4th Dept 2012], lv denied 19 NY3d 976 [2012] [internal quotationmarks omitted]; see People vSeymore, 188 AD3d 1767, 1769 [4th Dept 2020], lv denied 36 NY3d 1100[2021]; People v Holley, 162 AD3d1669, 1669 [4th Dept 2018], lv denied 32 NY3d 938 [2018]). To the extent thatdefendant's contention implicates the voluntariness of the plea, we conclude that defendantabandoned his requests when he decided to plead guilty while still being represented by the sameattorneys (see People v Williams,210 AD3d 1507, 1507 [4th Dept 2022], lv denied 39 NY3d 1081 [2023]; People v Clemons, 201 AD3d1355, 1355 [4th Dept 2022], lv denied 38 NY3d 1032 [2022]). During the pleaproceeding, defendant did not express dissatisfaction with defense counsel (see Williams,210 AD3d at 1507; People v Turner,197 AD3d 997, 1000 [4th Dept 2021], lv denied 37 NY3d 1061 [2021]).

Defendant additionally contends that he did not receive effective assistance of counsel. Thatcontention, however, "does not survive his guilty plea or his waiver of the right to appeal becausethere was no showing that the plea bargaining process was infected by [the] allegedly ineffectiveassistance or that defendant entered the plea because of his attorney[s'] allegedly poorperformance" (People v O'Connor,184 AD3d 1137, 1137 [4th Dept 2020], lv denied 35 NY3d 1068 [2020] [internalquotation marks omitted]).

We have considered defendant's remaining contentions and conclude that none warrants[*2]modification or reversal of the judgment.Present—Lindley, J.P., Bannister, Greenwood, Nowak and Keane, JJ.