People v. Islam
| Decision Date | 24 December 2015 |
| Citation | 134 A.D.3d 1348,21 N.Y.S.3d 648 (Mem) |
| Parties | The PEOPLE of the State of New York, Respondent, v. Shafiqul ISLAM, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Carolyn B. George, Albany, for appellant.
Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.
Before: LAHTINEN, J.P., McCARTHY, EGAN JR., LYNCH and CLARK, JJ.
LAHTINEN, J.P.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered June 26, 2012, convicting defendant upon his plea of guilty of the crimes of murder in the second degree and criminal possession of stolen property in the fourth degree (three counts).
Defendant pleaded guilty to murder in the second degree and three counts of criminal possession of stolen property in the fourth degree as charged in a four-count indictment. He was sentenced as a second felony offender to 20 years to life on the murder conviction and 2 to 4 years on each of the remaining charges. Defendant appeals.
Defendant's sole contention on appeal is that he received the ineffective assistance of counsel. "[D]efendant's challenges to counsel's motion practice and discovery efforts were forfeited by his guilty plea" (People v. Kormos, 126 A.D.3d 1039, 1040, 4 N.Y.S.3d 390 [2015] [internal quotation marks and citation omitted] ). To the extent that defendant's ineffective assistance claim impacts upon the voluntariness of his plea, it is unpreserved for our review as the record does not reflect that a postallocution motion was made (see People v. Smith, 119 A.D.3d 1088, 1089, 988 N.Y.S.2d 724 [2014], lvs. denied 24 N.Y.3d 1084, 1 N.Y.S.3d 11, 25 N.E.3d 348 [2014], 24 N.Y.3d 1089, 1 N.Y.S.3d 16, 25 N.E.3d 353 [2014] ) and reversal in the interest of justice is unwarranted (see People v. Newton, 113 A.D.3d 1000, 1001, 979 N.Y.S.2d 545 [2014], lvs. denied 23 N.Y.3d 1039, 993 N.Y.S.2d 253, 17 N.E.3d 508 [2014], 23 N.Y.3d 1041, 993 N.Y.S.2d 254, 17 N.E.3d 509 [2014] ).
ORDERED that the judgment is affirmed.
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