People v Davidson

People v Davidson 2013 NY Slip Op 08650 Decided on December 26, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 26, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
2011-01444
(Ind. No. 1551-10)

[*1]The People of the State of New York, respondent,

v

James Davidson, appellant.




Del Atwell, East Hampton, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A.
Bannan of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered January 13, 2011, convicting him of rape in the third degree and criminal sexual act in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses review of his claim regarding the excessiveness of his sentence (see People v Edmunson, 109 AD3d 621, 622). The waiver also forecloses review of the defendant's claim that his counsel was ineffective, since the alleged ineffectiveness does not implicate the voluntariness of the defendant's plea of guilty (see id.).

The defendant's remaining contention is not properly before this Court.
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court