People v. Jessamy

Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert, J.), rendered June 9, 2011, convicting him of reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, in connection with his guilty plea (see People v Ramos, 7 NY3d 737 , 738 [2006]; People v Lopez, 6 NY3d 248 , 256-257 [2006]). The defendant’s valid waiver precludes appellate review of his challenge to the hearing court’s suppression determination (see People v Kemp, 94 NY2d 831 , 833 [1999]; People v Hackett, 93 AD3d 807 [2012]; People v Pena, 73 AD3d 1216 [2010]; People v Johnson, 58 AD3d 868 [2009]).

The defendant claims that he was deprived of his right to be present at or to participate in the Sandoval hearing (see People v Sandoval, 34 NY2d 371 [1974]). The defendant forfeited that claim by his plea of guilty and valid waiver of the right to appeal (see People v Henderson, 233 AD2d 253 , 254 [1996]; see also People v Drago, 50 AD3d 920 [2008]).

By validly waiving his right to appeal, the defendant forfeited the right to challenge the effectiveness of his trial counsel, except insofar as counsel’s alleged deficiencies affected the voluntariness of the defendant’s guilty plea itself (see People v Petgen, 55 NY2d 529 , 535 n 3 [1982]; People v Williams, 84

Rivera, J.R, Austin, Sgroi and Barros, JJ., concur.