People v. Sumahit

Citation72 A.D.3d 991,898 N.Y.S.2d 510
PartiesThe PEOPLE, etc., respondent, v. Andrew SUMAHIT, appellant.
Decision Date20 April 2010
CourtNew York Supreme Court Appellate Division
898 N.Y.S.2d 510
72 A.D.3d 991


The PEOPLE, etc., respondent,
v.
Andrew SUMAHIT, appellant.


Supreme Court, Appellate Division, Second Department, New York.

April 20, 2010.

Salvatore C. Adamo, New York, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered November 6, 2008, convicting him of gang assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Since the defendant failed to move to withdraw his plea, his contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review ( see CPL 470.05[2]; People v. Antoine, 59 A.D.3d 560, 872 N.Y.S.2d 283; People v. Castillo-Cordero, 54 A.D.3d 1054, 864 N.Y.S.2d 567; People v. Bevins, 27 A.D.3d 572, 811 N.Y.S.2d 429; People v. Martin, 7 A.D.3d 640, 776 N.Y.S.2d 499). In any event, his plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Moissett, 76 N.Y.2d 909, 910-911, 563 N.Y.S.2d 43, 564 N.E.2d 653; People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Nixon, 21 N.Y.2d 338, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert denied 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709).

To the extent that the defendant's contentions regarding any alleged ineffective assistance of counsel rest on matter outside the record, they are not reviewable on direct appeal ( see People v. Ali, 55 A.D.3d 919, 865 N.Y.S.2d 579; People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252). Insofar as the contentions are reviewable, we find that the defendant received meaningful representation ( see People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252; People v. Brooks, 36 A.D.3d 929, 930, 828 N.Y.S.2d 553; People v. Grimes, 35 A.D.3d 882, 883, 827 N.Y.S.2d 268).

Since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to now complain that his sentence was excessive ( see

People v. De Alvarez, 59 A.D.3d 732, 873 N.Y.S.2d 724; People v. Fanelli, 8 A.D.3d 296, 777 N.Y.S.2d 320; People v. Mejia, 6 A.D.3d 630, 631, 774 N.Y.S.2d 801; People v. Kazepis, 101 A.D.2d 816, 475...

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5 cases
  • People v. Ronconi
    • United States
    • New York Supreme Court — Appellate Division
    • June 21, 2011
    ...ineffective assistance of counsel rest on matter dehors the record, they cannot be reviewed on direct appeal ( see People v. Sumahit, 72 A.D.3d 991, 898 N.Y.S.2d 510; People v. Ali, 55 A.D.3d 919, 865 N.Y.S.2d 579; People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252). Insofar as the contention......
  • People v. Vincent
    • United States
    • New York Supreme Court — Appellate Division
    • January 11, 2011
  • People v. Steven B.
    • United States
    • New York Supreme Court — Appellate Division
    • February 15, 2011
    ...may not be reviewed on direct appeal ( see People v. Vincent, 80 A.D.3d 633, 914 N.Y.S.2d 298, 300 [2d Dept. 2011]; People v. Sumahit, 72 A.D.3d 991, 898 N.Y.S.2d 510; People v. Melendez-Smith, 66 A.D.3d 1042, 1042-1043, 886 N.Y.S.2d 807). To the extent that the defendant's claim that his p......
  • People v. Taylor
    • United States
    • New York Supreme Court — Appellate Division
    • April 20, 2010
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