| People v Espinal |
| 2010 NY Slip Op 02966 [72 AD3d 701] |
| April 6, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Manuel Espinal, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Sharon Y. Brodt of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter,J.), rendered December 22, 2003, convicting him of attempted conspiracy in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that his plea of guilty wasknowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People vMoissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983];People v Nixon, 21 NY2d 338 [1967]). To the extent that the defendant's contention thathe was induced to plead guilty by his attorney's misrepresentation that he would be eligible forshock incarceration is based on matter dehors the record, it may not be reviewed on direct appeal(see People v Haynes, 39 AD3d562, 564 [2007]). Insofar as we are able to review that claim, it is refuted by the pleaminutes, which demonstrate that counsel clearly and unequivocally stated on the record that hedid not think that the defendant was eligible for such treatment. Skelos, J.P., Dillon, Angiolillo,Eng and Sgroi, JJ., concur.