| People v Cancel |
| 2012 NY Slip Op 01475 [92 AD3d 891] |
| February 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ramon Cancel, Jr., Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered January 26, 2011, convicting him of robbery in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea was not knowingly, voluntarily, and intelligentlyentered is unpreserved for appellate review (see People v Shaffer, 81 AD3d 989 [2011]; People v Budden, 77 AD3d 672[2010]). In any event, the record demonstrates that the defendant's plea was entered knowingly,voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Lopez, 71 NY2d 662, 666 [1988]).
The defendant's contention that he was deprived of the effective assistance of counsel isbased on matter dehors the record, and therefore cannot be reviewed on direct appeal (see People v Brewer, 73 AD3d1199 [2010]). Dillon, J.P., Florio, Chambers and Lott, JJ., concur.