People v. Leigh
Decision Date | 18 March 2010 |
Parties | The PEOPLE of the State of New York, Respondent, v. Patrick LEIGH, Appellant. |
Court | New York Supreme Court — Appellate Division |
71 A.D.3d 1288
The PEOPLE of the State of New York, Respondent,
v.
Patrick LEIGH, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
March 18, 2010.
Lucas G. Mihuta, Albany, for appellant, and appellant pro se.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: MERCURE, J.P., SPAIN, ROSE, LAHTINEN and STEIN, JJ.
LAHTINEN, J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered July 17, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.
Defendant pleaded guilty to the reduced charge of criminal possession of a controlled substance in the second degree, in full satisfaction of a five-count indictment. Pursuant to the terms of the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of seven years, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's waiver of the right to appeal precludes his contention that he was denied the effective assistance of counsel, except insofar as it relates to the voluntariness of his guilty plea ( see People v. Anderson, 63 A.D.3d 1191, 1193, 879 N.Y.S.2d 849 [2009], lv. denied 13 N.Y.3d 794, 887 N.Y.S.2d 543, 916 N.E.2d 438 [2009]; People v. Perry, 50 A.D.3d 1244, 1245, 855 N.Y.S.2d 733 [2008], lv. denied 10 N.Y.3d 963, 863 N.Y.S.2d 147, 893 N.E.2d 453 [2008] ).
To continue reading
Request your trial- People v. Belle
-
People v. Coffey
...waiver of the right to appeal since the ineffectiveness alleged does not bear upon the voluntariness of his plea ( see People v. Leigh, 71 A.D.3d 1288, 1288, 897 N.Y.S.2d 744 [2010], lv. denied 15 N.Y.3d 775, 907 N.Y.S.2d 464, 933 N.E.2d 1057 [2010]; People v. Briggs, 21 A.D.3d 652, 653, 79......
-
People v. Murray
...1341, 899 N.Y.S.2d 922 [2010], lv 150 N.Y.S.3d 902 denied 15 N.Y.3d 779, 907 N.Y.S.2d 468, 933 N.E.2d 1061 [2010] ; People v. Leigh, 71 A.D.3d 1288, 1288, 897 N.Y.S.2d 744 [2010], lv denied 15 N.Y.3d 775, 907 N.Y.S.2d 464, 933 N.E.2d 1057 [2010] ). To the extent that such claim may be said ......
-
People v. Gentry
...43 A.D.3d 559, 560, 840 N.Y.S.2d 253 [2007], lv. denied 9 N.Y.3d 992, 848 N.Y.S.2d 609, 878 N.E.2d 1025 [2007]; see also People v. Leigh, 71 A.D.3d 1288, 897 N.Y.S.2d 744 [2010] ). Moreover, even assuming this argument is not precluded by defendant's waiver of the right to appeal, his failu......