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The PEOPLE, etc., respondent, v. Vincent McCOLLUM, appellant.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 19, 2006, convicting him of rape in the first degree and attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's right to a review of his contentions on appeal was forfeited by his plea of guilty (see People v. Taylor, 65 N.Y.2d 1, 5-6, 489 N.Y.S.2d 152, 478 N.E.2d 755; People v. Silent, 37 A.D.3d 625, 831 N.Y.S.2d 194). Further, a defendant's waiver of the right to appeal precludes review of a claim of ineffective assistance of counsel except to the extent that the alleged ineffective assistance may have affected the voluntariness of the plea (see People v. Perez, 51 A.D.3d 1043, 861 N.Y.S.2d 63; People v. Dixon, 41 A.D.3d 861, 841 N.Y.S.2d 314). Here, the defendant does not claim that the alleged ineffectiveness of counsel affected the voluntariness of his plea.
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Decided: September 02, 2008
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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