People v. Grazzette

• Decision Date: 30 January 1995
• Citation: 211 A.D.2d 822,621 N.Y.S.2d 917
• Parties: The PEOPLE, etc., Respondent, v. Everette GRAZZETTE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 917

621 N.Y.S.2d 917

211 A.D.2d 822

The PEOPLE, etc., Respondent, v. Everette GRAZZETTE, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

Jan. 30, 1995.

George T. Dunn, New York City, for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Victor Barall, of counsel; Noelle Donovan on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered September 11, 1991, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The various factual assertions on which the defendant's claim of ineffective assistance of counsel is based involve matters dehors the record. Thus, we conclude that the claim is not properly before this court on direct appeal (see, People v. Dyson, 200 A.D.2d 756, 608 N.Y.S.2d 864).

Based upon a review of the record, we further conclude that the defendant entered his plea knowingly, voluntarily, and intelligently (see, People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170).

Finally, as part of the plea agreement, the defendant expressly waived his right to challenge the sentence as excessive on appeal (see, People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).

MANGANO, P.J., and O'BRIEN, RITTER, PIZZUTO and FLORIO, JJ., concur.