People v. Johnson

• Decision Date: 19 August 2020
• Docket Number: 2019–00966,Ind. No. 18-00208
• Parties: The PEOPLE, etc., respondent, v. Antoine JOHNSON, appellant.
• Court: New York Supreme Court — Appellate Division

186 A.D.3d 743
127 N.Y.S.3d 292 (Mem)

The PEOPLE, etc., respondent,
v.
Antoine JOHNSON, appellant.

2019–00966
Ind. No. 18-00208

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

Submitted—January 10, 2020
August 19, 2020

Michele Marte–Indzonka, Newburgh, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.

WILLIAM F. MASTRO, J.P., FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.

127 N.Y.S.3d 293

DECISION & ORDER

186 A.D.3d 744

Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered November 20, 2018, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

By pleading guilty, the defendant forfeited review of any claim of ineffective assistance of counsel that did not directly involve the plea-negotiation process and sentence (see People v. Petgen, 55 N.Y.2d 529, 535 n 3, 450 N.Y.S.2d 299, 435 N.E.2d 669 ; People v. Parker, 176 A.D.3d 1106, 1107, 112 N.Y.S.3d 777 ; People v. Brown, 170 A.D.3d 878, 879, 96 N.Y.S.3d 110 ; People v. Fakhoury, 103 A.D.3d 664, 959 N.Y.S.2d 269 ; People v. Opoku, 61 A.D.3d 705, 876 N.Y.S.2d 493 ). To the extent that the defendant contends that ineffective assistance of counsel affected the voluntariness of his plea, the record demonstrates that he received an advantageous plea, and nothing in the record casts doubt on the effectiveness of counsel (see People v. Brown, 170 A.D.3d at 879, 96 N.Y.S.3d 110 ; People v. Soria, 99 A.D.3d 1027, 1028, 952 N.Y.S.2d 300 ; People v. Yarborough, 83 A.D.3d 875, 920 N.Y.S.2d 681 ). Furthermore, the defendant's claim of ineffective assistance of counsel is refuted by the record of the plea proceeding, in which he acknowledged that he had been afforded sufficient time to consult with his attorney and was satisfied with his attorney's representation, that he...