People v. Watt

• Decision Date: 08 March 2011
• Parties: The PEOPLE, etc., respondent, v. Mark WATT, appellant.
• Court: New York Supreme Court — Appellate Division

918 N.Y.S.2d 347

82 A.D.3d 912

The PEOPLE, etc., respondent,

v.Mark WATT, appellant.

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

March 8, 2011.

Del Atwell, East Hampton, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Cohen, J.), rendered June 3, 2008, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal his conviction and sentence as part of the plea agreement ( see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022). The defendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of his claims that the County Court improperly denied his motion to adjourn sentencing to allow him additional time to make a restitution payment and that the sentence was excessive ( see People v. Lewis, 73 A.D.3d 1212, 900 N.Y.S.2d 912; People v. Safey-Kelsch, 301 A.D.2d 541, 752 N.Y.S.2d 903).

The defendant's waiver of his right to appeal precludes appellate review of his contention that he was denied the effective assistance of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of his plea ( see People v. Aguayo, 73 A.D.3d 938, 939, 899 N.Y.S.2d 878; People v. Gedin, 46 A.D.3d 701, 701, 847 N.Y.S.2d 231; People v. Dixon, 41 A.D.3d 861, 862, 841 N.Y.S.2d 314). To the extent that the defendant is claiming that the ineffective assistance of counsel rendered his plea involuntary, the record reveals that the defendant received anadvantageous plea, and nothing in the record casts doubt on the apparent effectiveness of counsel ( see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265; People v. Baldi, 54 N.Y.2d 137, 146-147, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Aguayo, 73 A.D.3d at 939, 899 N.Y.S.2d 878; People v. Hughes, 62 A.D.3d 1026, 878 N.Y.S.2d 911). Moreover, the defendant stated at the plea allocution that he was satisfied with his counsel's representation ( see People v. Aguayo, 73...