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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN W. BROWN, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Defendant appeals from an order adjudicating him a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). The record establishes, however, that defendant consented to that adjudication after consulting with defense counsel and, thus, “[t]he appeal must be dismissed as no appeal lies from an order entered upon the consent of the appealing party” (People v. Welch, 30 AD3d 392, 393; see People v. Dennis, 64 AD3d 760, 760). To the extent that defendant contends that he consented to the order because he was denied effective assistance of counsel, we note that County Court has the “inherent power to relieve a party from a judgment ‘for sufficient reason, in furtherance of justice’ “ (Matter of Delfin A., 123 A.D.2d 318, 320, quoting Ladd v. Stevenson, 112 N.Y. 325, 332). Consequently, defendant's remedy “is to move in [County] Court to vacate the order, at which time he can present proof in support of his allegations of [ineffective assistance of counsel, proof of] which is completely absent from this record” (Matter of Farquhar v. Pitt, 192 A.D.2d 806, 806; see e.g. People v. Byrd, 57 AD3d 442, lv denied in part and dismissed in part 12 NY3d 791 [appeal from order denying motion to vacate prior order on ground of, inter alia, denial of right to counsel]; see generally Matter of Hauser v Pruitt, 35 AD3d 740, 740; Matter of Andresha G., 251 A.D.2d 1005, 1005).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 13–01569
Decided: February 06, 2015
Court: Supreme Court, Appellate Division, Fourth Department.
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