People v. Holland

• Decision Date: 10 January 2012
• Citation: 935 N.Y.S.2d 899,91 A.D.3d 672,2012 N.Y. Slip Op. 00226
• Parties: The PEOPLE, etc., respondent, v. Rakeem HOLLAND, appellant.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 00226

91 A.D.3d 672

935 N.Y.S.2d 899

The PEOPLE, etc., respondent,

v.Rakeem HOLLAND, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 10, 2012.

Mark Diamond, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County(Hinrichs, J.), rendered February 10, 2011, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal ( see*900 People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;cf.People v. Bradshaw,18 N.Y.3d 257, ––––, –––– – ––––, ––– N.Y.S.2d ––––, ––– N.E.2d ––––[2011] ).The defendant's valid waiver of appeal precludes review of his contention that the sentencing court should have considered and determined whether to sentence him as a youthful offender ( seePeople v. Billings,60 A.D.3d 961, 962, 874 N.Y.S.2d 826;People v. Valentin,15 A.D.3d 424, 788 N.Y.S.2d 864;People v. Friedlander,11 A.D.3d 556, 782 N.Y.S.2d 645).

The ineffective assistance of counsel alleged by the defendant did not directly involve the negotiation of his plea of guilty or otherwise affect the voluntariness of the plea.Accordingly, by pleading guilty, the defendant forfeited appellate review of his ineffective assistance of counsel claim ( seePeople v. Jones,89 A.D.3d 1037, 933 N.Y.S.2d 560;People v. Sorino,82 A.D.3d 911, 918...