Opinion
March 29, 2000.
Appeal from Judgment of Niagara County Court, Hannigan, J. — Murder, 2nd Degree.
PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a guilty plea of murder in the second degree ( Penal Law § 125.25 [3]). The record establishes that defendant's waiver of the right to appeal was voluntary, knowing and intelligent ( see, People v. DeJesus , 248 A.D.2d 1023, lv denied 92 N.Y.2d 879; People v. Zimmerman , 219 A.D.2d 848, lv denied 88 N.Y.2d 856). Contrary to the contention of defendant, the record establishes that he received effective assistance of counsel ( see, People v. Baldi , 54 N.Y.2d 137, 147 ). We reject the contention of defendant that, during his plea allocution, he raised the possibility of an intoxication defense and that County Court therefore erred in accepting his guilty plea without making further inquiry ( see, People v. Lopez , 71 N.Y.2d 662, 666). Furthermore, the contention of defendant that he was denied effective assistance of appellate counsel is premature and should be raised in a common-law coram nobis proceeding brought in this Court ( see, People v. Bachert , 69 N.Y.2d 593, 595-596 ; People v. Pike , 254 A.D.2d 727, 729 ). Finally, the sentence is neither unduly harsh nor severe.