People v. Rusielewicz, 2000-09766.

Citation45 A.D.3d 704,846 N.Y.S.2d 243,2007 NY Slip Op 09057
Decision Date13 November 2007
Docket Number2000-09766.,2007-09457.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY RUSIELEWICZ, Appellant.
CourtNew York Supreme Court Appellate Division

Ordered that the judgments are affirmed.

The defendant's contention that his plea was not knowingly, voluntarily, or intelligently made is unpreserved for appellate review since he did not move to withdraw his plea on this ground prior to sentencing (see CPL 470.05 [2]; People v Jones, 41 AD3d 509 [2007]; People v Nicholas, 8 AD3d 300 [2004]). In any event, to the extent that the claim rests on the record, we find that the defendant's plea was knowing, voluntary, and intelligent (see People v Scuderi, 33 AD3d 1026, 1027 [2006]). That portion of his claim that is based on matter dehors the record cannot be reviewed on direct appeal (see People v Vasquez, 40 AD3d 1134, 1135 [2007]). The defendant's claim that he was denied his right to the effective assistance of counsel rests on matters partially dehors the record as well and to that extent it may not be reviewed on direct appeal (see People v Gonzalez, 44 AD3d 790 [2007]; People v Bolden, 44 AD3d 871 [2007]). Insofar as the claim rests on the record, we find that the defendant's counsel was not ineffective (see People v Baldi, 54 NY2d 137 [1981]; People v Petteway, 22 AD3d 772 [2005]).

The sentences imposed were not excessive (see People v Suitte, 90 AD2d 80, 83 [1982]).

Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.

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10 cases
  • People v. Gibson
    • United States
    • New York Supreme Court — Appellate Division
    • May 8, 2012
    ...525 N.E.2d 5;People v. Hayes, 91 A.D.3d 792, 936 N.Y.S.2d 902;People v. Kulmatycski, 83 A.D.3d 734, 920 N.Y.S.2d 670;People v. Rusielewicz, 45 A.D.3d 704, 846 N.Y.S.2d 243). Furthermore, the “rare case” exception to the preservation requirement does not apply here because the defendant's pl......
  • People v. Appling
    • United States
    • New York Supreme Court — Appellate Division
    • April 24, 2012
    ...5; People v. Hayes, 91 A.D.3d 792, 936 N.Y.S.2d 902; People v. Kulmatycski, 83 A.D.3d 734, 735, 920 N.Y.S.2d 670; People v. Rusielewicz, 45 A.D.3d 704, 846 N.Y.S.2d 243). In any event, the record demonstrates that the defendant's plea was entered knowingly, voluntarily, and intelligently ( ......
  • People v. Cohen
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2012
    ...v. Hayes, 91 A.D.3d 792, 792, 936 N.Y.S.2d 902;People v. Kulmatycski, 83 A.D.3d 734, 734, 920 N.Y.S.2d 670;People v. Rusielewicz, 45 A.D.3d 704, 704, 846 N.Y.S.2d 243). In any event, contrary to the defendant's contention, the record establishes that the defendant's plea was knowingly, volu......
  • People v. Cullum
    • United States
    • New York Supreme Court — Appellate Division
    • March 27, 2012
    ...N.E.2d 668; People v. Hayes, 91 A.D.3d 792, 936 N.Y.S.2d 902; People v. Kulmatycski, 83 A.D.3d 734, 920 N.Y.S.2d 670; People v. Rusielewicz, 45 A.D.3d 704, 846 N.Y.S.2d 243). In any event, the record before us does not support the defendant's contention that his plea was not knowing, volunt......
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