People v. Fagairo

2017 NY Slip Op 2924, 149 A.D.3d 537, 52 N.Y.S.3d 354, 2017 WL 1378533

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 18, 2017
• Docket: 3736 5441/11
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Lewis Bart Stone, J., at plea; Melissa Jackson, J., at sentencing), rendered July 9, 2014, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The court properly determined that defendant breached the no-arrest condition of his plea agreement and thereby forfeited his opportunity for a more lenient disposition (see People v Outley, 80 NY2d 702 [1993]).

By pleading guilty before obtaining a final ruling on his suppression motion, defendant forfeited review of his suppression claims (see CPL 710.20 [2]).

Defendant’s ineffective assistance of counsel claims are generally unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal. In the alternative, to the extent the existing record permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; Strickland v Washington, 466 US 668 [1984]).

We have considered defendant’s remaining contentions and find them to be without merit.

Concur — Sweeny, J.P., Richter, Andrias, Webber and Gesmer, JJ.