People v. Alburg

• Decision Date: 06 June 2012
• Parties: The PEOPLE, etc., respondent, v. Ramon ALBURG, appellant.
• Court: New York Supreme Court — Appellate Division

96 A.D.3d 771
945 N.Y.S.2d 572
2012 N.Y. Slip Op. 04351

The PEOPLE, etc., respondent,
v.
Ramon ALBURG, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 6, 2012.

Robert C. Mitchell, Riverhead, N.Y. (Laurette D. Mulry of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazillo, J.), rendered September 11, 2009, convicting him of criminal possession of a controlled substance in the first degree and conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his prosecution should have been barred pursuant to CPL 40.20(2) was forfeited by his plea of guilty ( see People v. Prescott, 66 N.Y.2d 216, 219, 495 N.Y.S.2d 955, 486 N.E.2d 813,cert. denied475 U.S. 1150, 106 S.Ct. 1804, 90 L.Ed.2d 349;People v. Galunas, 93 A.D.3d 892, 893, 939 N.Y.S.2d 196 n.;People v. Gray, 300 A.D.2d 696, 697, 752 N.Y.S.2d 731).

The defendant's contention that he was deprived of the effective assistance of counsel rests on matter dehors the record, and, thus, cannot be reviewed on direct appeal (see People v. Ramnaraine, 92 A.D.3d 809, 938 N.Y.S.2d 465;People v. Rohlehr, 87 A.D.3d 603, 604, 927 N.Y.S.2d 919;People v. Smith, 85 A.D.3d 1065, 925 N.Y.S.2d 864).

ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.