Majority
p. 1235The People of the State of New York, Respondent, v Carl Taylor, Appellant. [955 NYS2d 446]
p. 1236
We affirm. For preservation purposes, defendant’s pro se claim at sentencing that his counsel was ineffective was tantamount to a motion to vacate his plea; therefore, it survives his appeal waiver and is properly preserved for our review (see People v Walley, 63 AD3d 1284 , 1285 n [2009]; cf. People v Jerome, 98 AD3d 1188 , 1189 [2012]; People v Moore, 97 AD3d 850 , 851 [2012]). Nonetheless, defendant’s claim that his counsel did not adequately investigate the circumstances of his case is not supported in this record and is a claim more appropriately pursued by way of a CPL article 440 motion (see People v Feliz, 51 AD3d 1278 , 1279 [2008]; see also People v Shiels, 93 AD3d 992 , 993 [2012]; People v Carpenter, 93 AD3d 950 , 952 [2012], lv denied 19 NY3d 863 [2012]).
Mercure, J.P., Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed.
Cases cited
- People v. Walley 63 AD3d 1284 at 1285 p. 1236
- People v. Jerome 98 AD3d 1188 at 1189 p. 1236
- People v. Moore 97 AD3d 850 at 851 p. 1236
- People v. Feliz 51 AD3d 1278 at 1279 p. 1236
- People v. Shiels 93 AD3d 992 at 993 p. 1236