People v Cancel
2012 NY Slip Op 01475 [92 AD3d 891]
February 21, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent,
v
Ramon Cancel, Jr., Appellant.

[*1] Maureen Galvin Dwyer, Northport, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered January 26, 2011, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

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.