People v. Whitehead
| Decision Date | 20 May 2010 |
| Citation | 899 N.Y.S.2d 922,73 A.D.3d 1340 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Taurus WHITEHEAD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Aaron A. Louridas, Schenectady, for appellant, and appellant pro se.
P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered September 11, 2008, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
In satisfaction of a six-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. Consistent with the terms of the plea agreement, he was sentenced to 10 years in prison, to be followed by three years of postrelease supervision. Defendant now appeals.
We affirm. Upon reviewing the record, we find that defendant executed a knowing, voluntary and intelligent waiver of his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006];People v. Minter, 71 A.D.3d 1335, 1335-1336, 896 N.Y.S.2d 697 [2010] ). Given his valid waiver, defendant is precluded from challenging the severity of his sentence ( see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Romano, 45 A.D.3d 910, 916, 845 N.Y.S.2d 151 [2007], lv. denied 10 N.Y.3d 770, 854 N.Y.S.2d 332, 883 N.E.2d 1267 [2008] ), as well as the admissibility of his statements, particularly in view of the fact that he pleaded guilty before a suppression hearing was conducted ( see People v. Costa, 4 A.D.3d 675, 676, 771 N.Y.S.2d 924 [2004], lv. denied 2 N.Y.3d 797, 814 N.E.2d 469 [2004]; People v. Hamilton, 232 A.D.2d 899, 900, 649 N.Y.S.2d 506 [1996], lv. denied 89 N.Y.2d 942, 655 N.Y.S.2d 893, 678 N.E.2d 506 [1997] ). Such waiver also forecloses his claim that his counsel was ineffective inasmuch as it does not impact the voluntariness of his plea ( see 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]; People v. Morelli, 46 A.D.3d 1215, 1217, 847 N.Y.S.2d 789 [2007], lv. denied 10 N.Y.3d 814, 857 N.Y.S.2d 47, 886 N.E.2d 812 [2008] ). In view of the foregoing, we find no reason to disturb the judgment of conviction.
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