Crimes - Appeal - Valid Waiver of Right to Appeal - Right to Appellate Counsel

Judgments, Supreme Court, Bronx County (Judith S. Lieb, J.), rendered September 18, 2023, convicting defendant, upon his plea of guilty, of three counts of burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

Defendant validly waived his right to appeal under the "totality of the circumstances" (People v Thomas, 34 NY3d 545, 559 [2019], cert denied 589 US 1302 [2020]). The appeal waiver was valid even though "neither the oral colloquy nor the written waiver advised defendant of his right to counsel on appeal" concerning the claims which would survive a written waiver, as "the court did not imply that by waiving appeal, defendant would forfeit his right to appellate counsel for claims that survived the waiver" (People v Santiago, 242 AD3d 519, 520 [1st Dept 2025] [internal quotation marks and citations omitted]).

Defendant's valid waiver of his right to appeal forecloses review of his excessive sentence claim (id.). In any event, we perceive no basis to reduce defendant's sentence. Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters outside of the record (see e.g. People v McCray, 165 AD3d 595, 597 [1st Dept 2018], lv denied 32 NY3d 1175 [2019]). Concur—Kern, J.P., Kennedy, Higgitt, O'Neill Levy, Chan, JJ.