Opinion
09-21-2016
PEOPLE of State of New York, respondent, v. Kevin JOHNSON, appellant.
Steven A. Feldman, Uniondale, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Laurie K. Gibbons and Monica M.C. Leiter of counsel), for respondent.
Steven A. Feldman, Uniondale, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Laurie K. Gibbons and Monica M.C. Leiter of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the County Court, Nassau County (Gulotta, Jr., J.), dated December 3, 2003, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C, upon his consent.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal must be dismissed because no appeal lies from an order entered on consent of the appellant (see CPLR 5511 ; People v. Dennis, 64 A.D.3d 760, 882 N.Y.S.2d 658 ; People v. Welch, 30 A.D.3d 392, 816 N.Y.S.2d 565 ).
Insofar as the defendant contends that he consented to the order because he was deprived of the effective assistance of counsel, the defendant's remedy is to move before the County Court to vacate the order, at which time he can present evidence in support of his allegations, proof of which is otherwise absent from this record (see People v. Brown, 125 A.D.3d 1380, 1 N.Y.S.3d 722 ; see also Matter of Hauser v. Pruitt, 35 A.D.3d 740, 740, 824 N.Y.S.2d 909 ; Matter of Polyak v. Toyber, 2 A.D.3d 642, 643, 768 N.Y.S.2d 349 ).
CHAMBERS, J.P., DICKERSON, DUFFY and BRATHWAITE NELSON, JJ., concur.