| People v Schnoor |
| 2009 NY Slip Op 04449 [63 AD3d 760] |
| June 2, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v TroySchnoor, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle,J.), rendered May 14, 2008, convicting him of attempted robbery in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that he was denied the effective assistance of counsel by assurancesallegedly made to him by counsel regarding his sentence is based principally on matter dehorsthe record, which cannot be reviewed on direct appeal. To the extent that the defendant's claimcan be reviewed, there is nothing in the record to suggest that the defendant did not receive theeffective assistance of counsel (seePeople v McPherson, 60 AD3d 872 [2009]).
Further, since the defendant pleaded guilty with the understanding that he would receive thesentence which thereafter was actually imposed, he has no basis to now complain that hissentence was excessive (see People vDe Alvarez, 59 AD3d 732 [2009]; People v Fanelli, 8 AD3d 296 [2004]; People v Mejia, 6 AD3d 630, 631[2004]; People v Kazepis, 101 AD2d 816 [1984]). Mastro, J.P., Fisher, Miller, Dickersonand Chambers, JJ., concur.