People v. Martinez

Decision Date03 October 2006
Docket Number2004-08553.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND MARTINEZ, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review because he did not move to withdraw the plea or to vacate the conviction (see People v Bevins, 27 AD3d 572 [2006]). In any event, his claim that he was oblivious to what was going on because he was on medication is belied by the transcript of the plea proceeding, which shows that he answered all of the court's questions appropriately, allocuted to the crime, and expressly stated that he knew what was going on and was thinking clearly.

The defendant's claim that he did not receive effective assistance of counsel is not reviewable on direct appeal because it is based on matter dehors the record (see People v Whitaker, 27 AD3d 499 [2006]).

Finally, the defendant's effective waiver of the right to appeal encompassed his argument that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248 [2006]; People v Aveni, 7 AD3d 632 [2004]; People v Thomas, 262 AD2d 588 [1999]).

Miller, J.P., Luciano, Rivera and Spolzino, JJ., concur.

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  • People v. Ronconi
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Junio 2011
    ...N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5; [85 A.D.3d 1064] People v. Nowell, 46 A.D.3d 707, 848 N.Y.S.2d 242; People v. Martinez, 33 A.D.3d 631, 632, 821 N.Y.S.2d 660). In any event, the basis of this claim, that the County Court failed to inform him that he would receive an enhanced......
  • People v. Gordon
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Junio 2013
    ...N.Y.S.2d 184;People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484;People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331;People v. Martinez, 33 A.D.3d 631, 821 N.Y.S.2d 660). The record also belies the defendant's postplea claim that he was “tricked” by the Judge into pleading guilty ( see Peop......
  • People v. Moye
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Marzo 2019
    ...Douglas , 148 A.D.3d 822, 823, 48 N.Y.S.3d 742 ; People v. DeBenedetto , 120 A.D.3d 1428, 1429, 992 N.Y.S.2d 370 ; People v. Martinez , 33 A.D.3d 631, 632, 821 N.Y.S.2d 660 ; People v. Bevins , 27 A.D.3d 572, 573, 811 N.Y.S.2d 429 ). RIVERA, J.P., COHEN, MILLER and BARROS, JJ.,...
  • People v. Ramos
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Octubre 2010
    ...of his demeanor and his coherent and unequivocal responses during the comprehensive plea allocution ( see People v. Martinez, 33 A.D.3d 631, 632, 821 N.Y.S.2d 660; People v. Loria, 12 A.D.3d 1125, 785 N.Y.S.2d 240; People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803). Thus, the record establis......
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