Opinion
2014-05285, Ind. No. 2593/12.
04-19-2017
The PEOPLE, etc., respondent, v. Ricky WILLIAMS, appellant.
Lynn W.L. Fahey, New York, NY (Dina Zloczower of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Thomas M. Ross, and Corey Omer of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Dina Zloczower of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Thomas M. Ross, and Corey Omer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 30, 2014, convicting him of burglary in the third degree (two counts), criminal mischief in the fourth degree (two counts), criminal trespass in the second degree, and petit larceny, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his waiver of the right to a jury trial was not knowing, voluntary, and intelligent (see CPL 470.05[2] ; People v. Johnson, 51 N.Y.2d 986, 987–988, 435 N.Y.S.2d 713, 416 N.E.2d 1048 ; People v. Pazmini, 132 A.D.3d 1015, 18 N.Y.S.3d 359 ; People v. Petitbrun, 123 A.D.3d 1057, 1058, 999 N.Y.S.2d 164 ; People v. Butler, 17 A.D.3d 379, 380, 792 N.Y.S.2d 581 ). In any event, the record does not support the defendant's contention that the waiver was invalid. The defendant executed a written waiver in open court after allocution by the court, the trial justice approved the waiver, and the circumstances surrounding the waiver supported the Supreme Court's determination that the waiver was made knowingly, voluntarily, and intelligently (see People v. Pazmini, 132 A.D.3d at 1015, 18 N.Y.S.3d 359 ; People v. Silva, 91 A.D.3d 675, 675, 935 N.Y.S.2d 891 ; People v. Fani, 59 A.D.3d 460, 872 N.Y.S.2d 535 ).
The defendant's contention that the Supreme Court misapprehended its discretion by not sentencing him to parole supervision is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction (see CPL 410.91 ; People v. Eggsware, 90 A.D.3d 1231, 1234 n. 2, 934 N.Y.S.2d 607 ; People v. Rivers, 63 A.D.3d 423, 879 N.Y.S.2d 454 ). The defendant's further contention that he received ineffective assistance of counsel is not reviewable on direct appeal because it involves matter dehors the record (see People v. Love, 57 N.Y.2d 998, 1000, 457 N.Y.S.2d 238, 443 N.E.2d 486 ; People v. Rivers, 63 A.D.3d at 423, 879 N.Y.S.2d 454 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., BALKIN, BARROS and BRATHWAITE NELSON, JJ., concur.