Opinion
284
March 15, 2002.
Appeal from a judgment of Onondaga County Court (Aloi, J.), entered August 24, 2000, convicting defendant upon his plea of guilty of manslaughter in the first degree.
Frank H. Hiscock Legal Aid Society, Syracuse (gerald T. Barth of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for plaintiff-respondent.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
The waiver by defendant of the right to appeal does not encompass his contentions that he was denied effective assistance of counsel in connection with his acceptance of the plea bargain ( see, People v. Daniels, 288 A.D.2d 839) and that his plea was not voluntarily entered ( see, People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 879). We conclude, however, that those contentions lack merit. Defendant "receive[d] an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v. Ford, 86 N.Y.2d 397, 404). The fact that the plea was induced by the threat of a longer sentence does not render the plea involuntary ( see, People v. Hale, 93 N.Y.2d 454, 463-464). Finally, County Court properly denied the motion of defendant to withdraw his plea where the motion was supported only by "bare allegations of innocence, coercion and ineffective representation" that are unsupported by the record of the plea proceeding ( People v. Braun, 167 A.D.2d 164, 165; see, People v. Nash [appeal No. 1] , 288 A.D.2d 937; People v. Pittman, 284 A.D.2d 927, lv denied 96 N.Y.2d 923).