Majority
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered July 14, 2014, convicting defendant upon his plea of guilty of the crime of criminal sexual act in the first degree.
Defendant pleaded guilty to a reduced charge of criminal
Initially, defendant challenges his plea as not knowingly, voluntarily and intelligently entered. To the extent that defendant preserved the issues in his motion to withdraw his guilty plea (see People v Burns, 133 AD3d 1045 , 1046 [2015], lv denied 27 NY3d 1149 [2016]), the record belies his contention that County Court coerced him into pleading guilty or that any alleged errors by defense counsel rendered his plea involuntary. We note that, to the extent that defendant’s challenges to the ineffective assistance of counsel involve matters outside the record, they are more appropriately addressed in a CPL article 440 motion (see People v Perkins, 140 AD3d 1401 , 1403 [2016]). Furthermore, defendant’s challenge to the sentence imposed as harsh and excessive is precluded by the waiver of the right to appeal. The record reflects that despite defendant’s illiterate cognitive impairment, the waiver was appropriately explained to defendant, who then knowingly, voluntarily and intelligently waived that right (see People v Andrews, 78 AD3d 1229 , 1233 [2010], lv denied 16 NY3d 827 [2011]).
Peters, P.J., Egan Jr., Lynch and Devine, JJ., concur.
Ordered that the judgment is affirmed.
Cases cited
- People v. Burns 133 AD3d 1045 at 1046 p. 1324
- People v. Perkins 140 AD3d 1401 at 1403 p. 1324
- People v. Andrews 78 AD3d 1229 at 1233 p. 1324