Summary
This Appellate Division decision affirms the defendant's conviction for criminal possession of a weapon in the second degree following a guilty plea. The court holds that the defendant's challenge to the voluntariness of his plea and his claim of ineffective assistance of counsel are barred by a valid waiver of appellate review. The record confirms that the plea was entered knowingly, voluntarily, and intelligently, and that defense counsel provided effective representation.
Topics
Practice areas
Questions Presented
- Whether the defendant's claim that his guilty plea was involuntary is preserved for appellate review despite his waiver of the right to appeal.
- Whether the appellate court may review the defendant's claims of excessive sentence and ineffective assistance of counsel when the defendant waived his right to appeal.
Holdings
- The claim is not preserved for appellate review because the defendant did not move to withdraw his plea or raise the issue before the County Court.
- The waiver of the right to appeal precludes appellate review of the excessive‑sentence claim and of ineffective‑assistance claims, except to the limited extent that the plea itself was involuntary because of counsel’s ineffectiveness.
Key quotations
“[T]he record demonstrates that the defendant received an advantageous plea, and nothing in the record casts doubt on the apparent effectiveness of counsel” (208 AD3d 1366)
Factual background
Reges L. Bellamy pleaded guilty to criminal possession of a weapon in the second degree in February 2022 and received a determinate eight‑year prison term followed by five years of post‑release supervision. He later appealed, claiming his plea was involuntary, that the sentence was excessive, and that he received ineffective assistance of counsel.
Procedural history
The defendant pleaded guilty in February 2022 to criminal possession of a weapon in the second degree, was sentenced to eight years imprisonment plus five years post‑release supervision, and appealed the judgment alleging an involuntary plea, excessive sentence, and ineffective assistance of counsel.