People v. Cancel

• Decision Date: 21 February 2012
• Citation: 938 N.Y.S.2d 814,2012 N.Y. Slip Op. 01475,92 A.D.3d 891
• Parties: The PEOPLE, etc., respondent, v. Ramon CANCEL, Jr., appellant.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 01475

92 A.D.3d 891

938 N.Y.S.2d 814

The PEOPLE, etc., respondent,

v.Ramon CANCEL, Jr., appellant.

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

Feb. 21, 2012.

Maureen Galvin Dwyer, Northport, N.Y., for appellant.

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

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered January 26, 2011, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review ( see People v. Shaffer, 81 A.D.3d 989, 917 N.Y.S.2d 267; People v. Budden, 77 A.D.3d 672, 908 N.Y.S.2d 362). In any event, the record demonstrates that the defendant's plea was entered knowingly, voluntarily, and intelligently ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5).

The defendant's contention that he was deprived of the effective assistance of counsel is based on matter dehors the record, and therefore cannot be reviewed on direct appeal ( see People v. Brewer, 73 A.D.3d 1199, 901 N.Y.S.2d 384).

DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.