People v. Martella

• Decision Date: 14 December 1987
• Citation: 522 N.Y.S.2d 235,135 A.D.2d 660
• Parties: The PEOPLE, etc., Respondent, v. James MARTELLA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 235

522 N.Y.S.2d 235

135 A.D.2d 660

The PEOPLE, etc., Respondent, v.James MARTELLA, Appellant.

Supreme Court, Appellate Division Second Department.

Dec. 14, 1987.

John Ray, Miller Place, for appellant.

Patrick Henry, Dist. Atty., Riverhead (Guy Arcidiacono, of counsel), for respondent.

Before THOMPSON, J.P., and NIEHOFF, EIBER, SULLIVAN and HARWOOD, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Mallon, J.), rendered October 24, 1985, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court made proper inquiry to ensure that the defendant's waiver, inter alia, of his right to raise the defense of intoxication was knowingly, voluntarily and intelligently made (see, People v. Serrano, 15 N.Y.2d 304, 258 N.Y.S.2d 386, 206 N.E.2d 330).Moreover, the defendant may not here challenge the factual basis for his plea (People v. Riley, 120 A.D.2d 752, 503 N.Y.S.2d 71).His present claim of ineffective assistance of counsel is not established by the record and should have been raised at sentencing or in a postjudgment motion (cf., People v. Pascale, 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904;...