| People v Wrobel |
| 2008 NY Slip Op 10401 [57 AD3d 1499] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Michael Wrobel,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Stephen K. Lindley, A.J.), rendered June28, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in thethird degree (Penal Law § 160.05), defendant contends that the plea was not knowingly orvoluntarily entered because, contrary to the alleged promise of County Court, he was not enrolled in theComprehensive Alcohol and Substance Abuse Treatment (CASAT) program following his plea ofguilty. We reject that contention. Although the record establishes that defendant was statutorily eligiblefor the CASAT program (see Correction Law § 2 [18]; cf. Matter of Blake v Department ofCorrections, 54 AD3d 1079 [2008]), the record further establishes that the court made nosuch promise with respect to his enrollment in that program (see People v Martin, 55 AD3d 1304 [2008]). To the extent that thefurther contention of defendant that he was denied effective assistance of counsel survives his plea (see People v Santos, 37 AD3d 1141[2007], lv denied 8 NY3d 950 [2007]), it involves matters outside the record on appeal andthus must be raised by way of a motion pursuant to CPL article 440 (see People v Hall, 50 AD3d 1467,1469 [2008], lv denied 11 NY3d 789 [2008]). The sentence is not unduly harsh or severe.Present—Hurlbutt, J.P., Centra, Fahey and Peradotto, JJ.