Opinion
2011-12-20
The PEOPLE, etc., respondent, v. Sneed WALLACE, appellant.
Michael G. Paul, New City, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Michael G. Paul, New City, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered September 9, 2008, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. Justice Sgroi has been substituted for former Justice Joseph Covello ( see 22 NYCRR 670.1[c] ).
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his plea of guilty was knowing, voluntary, and intelligent ( see People v. Ford, 86 N.Y.2d 397, 403–404, 633 N.Y.S.2d 270, 657 N.E.2d 265; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646).
The defendant's contention that he was deprived of his right to effective assistance of counsel rests on matters dehors the record and may not be addressed on this appeal ( see People v. Romero, 82 A.D.3d 1013, 918 N.Y.S.2d 730; People v. Kuar, 73 A.D.3d 1084, 1085, 900 N.Y.S.2d 654).
Inasmuch as the defendant received the sentence for which he bargained, he has no basis to now complain that it was excessive ( see People v. Cooper, 88 A.D.3d 1009, 1009, 931 N.Y.S.2d 346; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).