People v. Alexander

• Decision Date: 05 May 2009
• Docket Number: 2007-04067.,2007-04064.
• Citation: People v. Alexander, 62 A.D.3d 719, 877 N.Y.S.2d 696, 2009 NY Slip Op 3742 (N.Y. App. Div. 2009)
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON ALEXANDER, Appellant.
• Court: New York Supreme Court — Appellate Division

62 A.D.3d 719

877 N.Y.S.2d 696

2009 NY Slip Op 03742

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON ALEXANDER, Appellant.

2007-04064.

2007-04067.

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

Decided May 5, 2009.

Appeals by the defendant from two judgments of the Supreme Court, Nassau County (Kase, J.), both rendered April 17, 2007, convicting him of robbery in the first degree, criminal possession of stolen property in the third degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and conspiracy in the fourth degree under indictment No. 2374/06, and robbery in the first degree (five counts) and criminal mischief in the third degree under superior court information No. 663/07, upon his pleas of guilty, and imposing sentences, and imposing an additional sentence for the crime of criminal possession of a controlled substance in the seventh degree under indictment No. 2374/06.

Ordered that the judgment rendered under superior court information No. 663/07 is affirmed; and it is further,

Ordered that the judgment rendered under indictment No. 2374/06 is modified, on the law, by vacating the sentence imposed for the crime of criminal possession of a controlled substance in the seventh degree; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, his pleas of guilty were knowingly, voluntarily, and intelligently entered (see People v Garcia, 92 NY2d 869, 870 [1998]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Grimes, 35 AD3d 882, 883 [2006]).

The defendant's claim of ineffective assistance of counsel rests, in part, on matter dehors the record and, therefore, is not reviewable on direct appeal (see People v DeLuca, 45 AD3d 777 [2007]; People v Sanchez, 33 AD3d 633, 634 [2006]). To the extent the claim is...