| People v Maldonado |
| 2009 NY Slip Op 03061 [61 AD3d 1220] |
| April 23, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v PabloMaldonado, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), forrespondent.
Kane, J. Appeal from a judgment of the County Court of Washington County (McKeighan,J.), rendered March 14, 2008, convicting defendant upon his plea of guilty of the crime ofattempted assault in the second degree.
Defendant was charged with various crimes arising out of a prison altercation. Defendantmoved to suppress certain statements made by him and, following a Huntley hearing,County Court rendered a decision and order which suppressed the statements but contained aninconsistent decretal paragraph denying defendant's motion. Thereafter, defendant entered aguilty plea to attempted assault in the second degree in full satisfaction of the indictment and wassentenced to a prison term of 2 to 4 years. Defendant now appeals.
We affirm. Defendant argues that counsel's failure to take any steps to resolve thediscrepancy in County Court's suppression decision constituted ineffective assistance. To thedegree that defendant's argument relates to the voluntary nature of his plea, it is unpreserved forour review due to his failure to move to withdraw the plea or vacate the judgment of conviction(see People v Sterling, 57 AD3d1110, 1112-1113 [2008]). Moreover, any claim that defendant's decision to plead guilty wasbased upon counsel's advice as to the import of County Court's suppression decision deals withmatters outside of the record and should be raised in a CPL article 440 motion (see People v Cruz, 53 AD3d 986[2008]; People v James, 269 AD2d 845, 846 [2000]; People v Harris, 109 AD2d351, 360 [1985], lv denied 66 NY2d 919 [1985]).[*2]
Rose, J.P., Kavanagh, Stein and McCarthy, JJ., concur.Ordered that the judgment is affirmed.