| People v Moran |
| 2008 NY Slip Op 10642 [57 AD3d 1010] |
| December 30, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuanMoran, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret W. Mainusch and Jason R.Richards of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered February 2, 2006, convicting him of criminal possession of a controlled substance inthe fourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he was denied the effective assistance of counsel because hisattorney failed to investigate and inform him of the possibility that he might be ineligible to fullyparticipate in the comprehensive alcohol and substance abuse treatment operated by theDepartment of Correctional Services. However, this claim relies entirely on matter dehors therecord, and thus cannot be reviewed on direct appeal (see People v Ali, 55 AD3d 919[2008]; People v Mendoza, 54 AD3d 1059 [2008]; People v Torres, 54 AD3d976 [2008]; People v Gallo, 54 AD3d 964 [2008]). Prudenti, P.J., Dillon, Eng andLeventhal, JJ., concur.