PEOPLE v. BELLAMY (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered March 30, 2022, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

In February 2022, the defendant was convicted of criminal possession of a weapon in the second degree (Penal Law § 265.03[1][b]), upon his plea of guilty, and was thereafter sentenced to a determinate term of imprisonment of eight years, to be followed by five years of postrelease supervision.  To the extent that the defendant contends that his plea of guilty was involuntary, this contention survives his valid waiver of the right to appeal, but is unpreserved for appellate review as the defendant did not move to withdraw his plea on this ground or otherwise raise this issue before the County Court (see CPL 470.05[2];  People v. Gang, 225 A.D.3d 625, 626, 206 N.Y.S.3d 385).  In any event, the record establishes that the defendant's plea was made knowingly, voluntarily, and intelligently (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346;  People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646).

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Hendricks, 224 A.D.3d 705, 705–706, 204 N.Y.S.3d 570;  People v. Batista, 167 A.D.3d 69, 73–74, 86 N.Y.S.3d 492), thereby precluding appellate review of his contention that the sentence imposed was excessive (see People v. Batista, 167 A.D.3d at 75, 86 N.Y.S.3d 492;  People v. Hallums, 158 A.D.3d 819, 819, 68 N.Y.S.3d 915).

The defendant's valid waiver of his right to appeal also precludes appellate review of his claim of ineffective assistance of counsel, except to the extent that the defendant alleges that his plea was involuntary due to ineffective assistance of counsel (see People v. Chacon–Diaz, 203 A.D.3d 846, 846, 160 N.Y.S.3d 880;  People v. Brown, 170 A.D.3d 878, 879, 96 N.Y.S.3d 110).  However, that contention is without merit.  “[T]he record demonstrates that the defendant received an advantageous plea, and nothing in the record casts doubt on the apparent effectiveness of counsel” (People v. McIntyre, 208 A.D.3d 1365, 1366, 174 N.Y.S.3d 594 [internal quotation marks omitted]).

DUFFY, J.P., WOOTEN, LANDICINO and MCCORMACK, JJ., concur.