People v. Smith, 2016–13177

• Decision Date: 13 June 2018
• Docket Number: Ind. No. 294/16,2016–13177
• Citation: 74 N.Y.S.3d 883 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Donnie P. SMITH, appellant.
• Court: New York Supreme Court — Appellate Division

162 A.D.3d 799

74 N.Y.S.3d 883 (Mem)

The PEOPLE, etc., respondent,

v.Donnie P. SMITH, appellant.

2016–13177

Ind. No. 294/16

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

Decided June 13, 2018

Philip H. Schnabel, Chester, NY, for appellant.

David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered November 29, 2016, convicting him of criminal possession of a weapon 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, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Scanlon, 143 A.D.3d 746, 38 N.Y.S.3d 437 ). The defendant's waiver of his right to appeal limits this Court's review to issues regarding the voluntariness of the plea, including issues of ineffective assistance of counsel that affected the voluntariness of the plea (see People v. Parilla, 8 N.Y.3d 654, 660, 838 N.Y.S.2d 824, 870 N.E.2d 142 ; People v. Flowers, 152 A.D.3d 791, 56 N.Y.S.3d 470). There is nothing in this record indicating that the defendant's plea of guilty was involuntary, or that counsel's performance affected the voluntariness of the defendant's plea of guilty.

DILLON, J.P., AUSTIN, MILLER and HINDS–RADIX, JJ., concur.