| People v Marino-Affaitati |
| 2011 NY Slip Op 07077 [88 AD3d 742] |
| October 4, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Claudio Marino-Affaitati, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered October 21, 2008, convicting him of conspiracy in the fourth degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record reflects that the defendant's plea was knowing, voluntary, and intelligent (see People v Seeber, 4 NY3d 780[2005]; People v Fiumefreddo, 82 NY2d 536 [1993]; People v Lopez, 71 NY2d662 [1988]). His contention that the allocution was insufficient because the County Court failedto ascertain his intent to cause serious physical injury is without merit (see People vFiumefreddo, 82 NY2d 536 [1993]).
To the extent the defendant contends that his counsel provided ineffective assistance forfailing to inform him of a potential entrapment defense, this contention involves matter dehorsthe record and is not reviewable on direct appeal (see People v Rivera, 71 NY2d 705, 709[1988]; People v Redmon, 81 AD3d752 [2011]; People v Johnson,59 AD3d 738 [2009]). To the extent this contention is reviewable on the record before us,the defendant's plea allocution, in which he admitted that he had "made arrangements" with anindividual to injure the defendant's wife, demonstrates the absence of inducement orencouragement to commit the crime, a necessary element of an entrapment defense (seePenal Law §§ 25.00, 40.05; People v Brown, 82 NY2d 869, 871[1993]). Dillon, J.P., Eng, Sgroi and Miller, JJ., concur.