People v. Fontana

• Citation: 267 A.D.2d 398,700 N.Y.S.2d 732
• Parties: 1999 N.Y. Slip Op. 10,926 The PEOPLE, etc., respondent, v. Richard FONTANA, appellant.
• Decision Date: 20 December 1999
• Court: New York Supreme Court Appellate Division

Page 732

700 N.Y.S.2d 732

1999 N.Y. Slip Op. 10,926

The PEOPLE, etc., respondent, v. Richard FONTANA, appellant.

Supreme Court, Appellate Division,

Second Department, New York.

Dec. 20, 1999.

Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Michael Blakey of counsel; James A. McGlynn on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered July 8, 1997, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

In view of the defendant's complete plea allocution before the same Judge who presided at sentencing, and the fact that the defendant made no showing to support his conclusory allegations that he was innocent and that he was forced to plead guilty because of the ineffective assistance of counsel, the court properly sentenced the defendant without making further inquiry (see, People v. Irizzary, 125 A.D.2d 589, 509 N.Y.S.2d 652).

The alleged facts relating to the defendant's claim of ineffective assistance of counsel are dehors the record, and, therefore, cannot be reviewed on direct appeal (see, CPL art. 440; People v. Allen, 156 A.D.2d 700, 701, 549 N.Y.S.2d 456).

The defendant entered his plea of guilty with the understanding that he would receive the sentence which was thereafter actually imposed. Under the circumstances of this case, the defendant has no basis to complain that his sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.