| People v Manuel |
| 2010 NY Slip Op 09820 [79 AD3d 1817] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v KevinManuel, Appellant. |
—[*1] Richard M. Healy, District Attorney, Lyons (David V. Shaw of counsel), forrespondent.
Appeal from a judgment of the Wayne County Court (Stephen R. Sirkin, J.), renderedOctober 16, 2009. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]).The contention of defendant that County Court failed to apprehend the extent of its discretion insentencing him is not supported by the record (see People v Moon, 43 AD3d 1379 [2007], lv denied 9NY3d 1036 [2008]; People v Lee,24 AD3d 1246 [2005], lv denied 6 NY3d 850 [2006]; cf. People v Schafer, 19 AD3d1133 [2005]). To the extent that the further contention of defendant that he was deniedeffective assistance of counsel survives his plea (see People v Barnes, 32 AD3d 1250 [2006]), it "involve[s] mattersoutside the record on appeal and thus [is] properly raised by way of a motion pursuant to CPLarticle 440" (People v Barnes, 56AD3d 1171, 1171 [2008]; seePeople v Graham, 77 AD3d 1439 [2010]). Present—Martoche, J.P., Fahey, Carni,Lindley and Sconiers, JJ.