Opinion
2014-12-31
The PEOPLE, etc., respondent, v. LaVarr A. CANNON, appellant.
Jillian S. Harrington, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Barbara Kornblau of counsel), for respondent.
Jillian S. Harrington, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Barbara Kornblau of counsel), for respondent.
Appeals by the defendant from three judgments of the Supreme Court, Nassau County (Donnino, J.), all rendered March 11, 2013, convicting him of assault in the first degree and leaving the scene of an accident involving injury under Indictment No. 1852/11, attempted assault in the first degree, assault on a police officer, and reckless driving under Indictment No. 495/12, and tampering with physical evidence, criminal possession of marijuana in the third degree, and unlawfully fleeing a police officer in a motor vehicle in the third degree under Indictment No. 632/12, upon his pleas of guilty, and imposing sentence.
ORDERED that the judgments are affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Arteev, 120 A.D.3d 1255, 991 N.Y.S.2d 776). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the suppression determinations of the hearing courts ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754; People v. Vaiana, 119 A.D.3d 879, 989 N.Y.S.2d 375; People v. Persaud, 118 A.D.3d 820, 987 N.Y.S.2d 221).
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that he was deprived of the effective assistance of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of the plea ( see People v. Brown, 117 A.D.3d 962, 985 N.Y.S.2d 892; People v. Mejia, 112 A.D.3d 855, 856, 976 N.Y.S.2d 570; People v. Dunne, 106 A.D.3d 928, 928–929, 964 N.Y.S.2d 663). To the extent the defendant contends that the alleged ineffective assistance of counsel affected the voluntariness of his plea, the record reveals that he received an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel ( see People v. Mejia, 112 A.D.3d at 856, 976 N.Y.S.2d 570; People v. Duah, 91 A.D.3d 884, 885, 936 N.Y.S.2d 907). Further, the record does not support the defendant's contention that he was deprived of the effective assistance of counsel under the federal constitution ( see Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203; People v. Garrett, 68 A.D.3d 781, 782, 888 N.Y.S.2d 908). DILLON, J.P., HINDS–RADIX, MALTESE and BARROS, JJ., concur.