Majority
p. 891The People of the State of New York, Respondent, v Ramon Cancel, Jr., Appellant. [938 NYS2d 814]
The defendant’s contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review (see People v Shaffer, 81 AD3d 989 [2011]; People v Budden, 77 AD3d 672 [2010]). In any event, the record demonstrates that the defendant’s plea was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536 , 543 [1993]; People v Lopez, 71 NY2d 662 , 666 [1988]).
The defendant’s contention that he was deprived of the effective assistance of counsel is based on matter dehors the record, and therefore cannot be reviewed on direct appeal (see People v Brewer, 73 AD3d 1199 [2010]). Dillon, J.P, Florio, Chambers and Lott, JJ., concur.
Cases cited
- People v. Shaffer 81 AD3d 989 p. 891
- People v. Fiumefreddo 82 NY2d 536 at 543 p. 891
- People v. Lopez 71 NY2d 662 at 666 p. 891
- People v. Brewer 73 AD3d 1199 p. 891