Opinion
1999-04645
Submitted March 14, 2003.
April 21, 2003.
Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered April 6, 1999, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
James T. Meyer, Hawthorne, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (John C. Thomas and Valerie A. Livingston of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to move to withdraw his guilty plea allegedly due to the ineffective assistance of his trial counsel. As such, his present claims are unpreserved for appellate review (see People v. Konstantinides, 295 A.D.2d 537; People v. Lebron, 290 A.D.2d 565; People v. Javis, 260 A.D.2d 579). Moreover, the defendant's claim of ineffective assistance of counsel rests upon material dehors the record and may not be considered (see People v. O'Connor, 291 A.D.2d 573; People v. Weekes, 289 A.D.2d 599; People v. Wells, 288 A.D.2d 408; People v. Turner, 266 A.D.2d 245).
FLORIO, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.