| People v Gravino |
| 2009 NY Slip Op 03573 [62 AD3d 1259] |
| May 1, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Tara Gravino,Appellant. |
—[*1] Richard M. Healy, District Attorney, Lyons (Christopher Bokelman of counsel), forrespondent.
Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), renderedSeptember 14, 2007. The judgment convicted defendant, upon her plea of guilty, of rape in thethird degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty ofrape in the third degree (Penal Law § 130.25 [2]). County Court did not abuse itsdiscretion in denying defendant's pro se oral motion to withdraw the plea (see People v McNally, 59 AD3d959 [2009]). "[D]efendant's specifications of ineffective assistance concern matters outsidethe record and thus must be raised by way of a CPL article 440 motion" (People v Hilken, 6 AD3d 1109,1110 [2004], lv denied 3 NY3d 641 [2004]). Contrary to the contention of defendant, herlack of awareness prior to sentencing that she would be required to register as a sex offender didnot affect the voluntariness of her plea (see People v Smith, 37 AD3d 1141, 1142 [2007], lv denied9 NY3d 851 [2007], reconsideration denied 9 NY3d 926 [2007]). Contrary todefendant's further contention, the record of the Huntley hearing supports the court'sdetermination that the statement of defendant to the police was voluntarily made after shewaived her Miranda rights (seePeople v Stanton, 43 AD3d 1299 [2007], lv denied 9 NY3d 993 [2007]).Finally, the sentence is not unduly harsh or severe. Present—Hurlbutt, J.P., Peradotto,Carni, Green and Pine, JJ.