| People v Alburg |
| 2012 NY Slip Op 04351 [96 AD3d 771] |
| June 6, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ramon Alburg, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazillo, J.),rendered September 11, 2009, convicting him of criminal possession of a controlled substance inthe first degree and conspiracy in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that his prosecution should have been barred pursuant to CPL40.20 (2) was forfeited by his plea of guilty (see People v Prescott, 66 NY2d 216, 219[1985], cert denied 475 US 1150 [1986]; People v Galunas, 93 AD3d 892, 893 n [2012]; People vGray, 300 AD2d 696, 697 [2002]).
The defendant's contention that he was deprived of the effective assistance of counsel restson matter dehors the record, and, thus, cannot be reviewed on direct appeal (see People v Ramnaraine, 92 AD3d809 [2012]; People v Rohlehr,87 AD3d 603, 604 [2011]; People vSmith, 85 AD3d 1065 [2011]). Angiolillo, J.P., Eng, Lott and Austin, JJ., concur.