People v Herdt

2007 NY Slip Op 09047 [45 AD3d 698]

November 13, 2007

Appellate Division, Second Department

As corrected through Wednesday, January 16, 2008

The People of the State of New York,Respondent, v Charles Herdt, Appellant.

—[*1]John P. Savoca, White Plains, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr,J.), rendered March 27, 2006, convicting him of criminal mischief in the second degree, upon hisplea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that his plea was not knowingly, voluntarily, and intelligentlymade is unpreserved for appellate review since he did not move to withdraw his plea on thisground (see People v Williams, 36AD3d 839 [2007]; People vGutierrez, 35 AD3d 883 [2006]; People v Lopez, 34 AD3d 599 [2006]). The defendant's claims ofcoercion and ineffective assistance of counsel involve matter dehors the record, which may notbe reviewed on direct appeal (see People v Williams, 36 AD3d at 840; People v Lopez, 34 AD3d 599[2006]; People v Petteway, 22AD3d 772 [2005]). To the extent that the defendant's claims are reviewable on direct appeal,they are not supported by the record. Rivera, J.P., Krausman, Florio, Carni and Balkin, JJ.,concur.