| People v Cohen |
| 2012 NY Slip Op 08028 [100 AD3d 919] |
| November 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anwar Cohen, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.),rendered April 4, 2011, convicting him of burglary in the first degree and robbery in the firstdegree (two counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim with respect to the voluntariness of the plea survives even a validwaiver of the right to appeal (see Peoplev McLean, 77 AD3d 684, 684 [2010]; People v Rodriguez-Ovalles, 74 AD3d 1368, 1368 [2010]; People v Elcine, 43 AD3d 1176,1177 [2007]; see also People v Seaberg, 74 NY2d 1, 10 [1989]; People v Adams, 67 AD3d 819,819 [2009]; People v Morrow, 48AD3d 704, 705 [2008]; People vNicholas, 8 AD3d 300, 300 [2004]; People v Hong Ping Lou, 299 AD2d 559,560 [2002]). However, the defendant's contention, in effect, that his plea of guilty was notknowingly, voluntarily, and intelligently entered is unpreserved for appellate review, since he didnot move to withdraw his plea on this ground prior to the imposition of sentence (seeCPL 220.60 [3]; 470.05 [2]; People v Clarke, 93 NY2d 904, 906 [1999]; People v Andrea, 98 AD3d 627,627 [2012]; People v Hayes, 91AD3d 792, 792 [2012]; People vKulmatycski, 83 AD3d 734, 734 [2011]; People v Rusielewicz, 45 AD3d 704, 704 [2007]). In any event,contrary to the defendant's contention, the record establishes that the defendant's plea wasknowingly, voluntarily, and intelligently entered (see People v Seeber, 4 NY3d 780 [2005]; People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Palmer, 95 AD3d 1141, 1142 [2012]; People v Appling, 94 AD3d 1135,1136 [2012]; People v Cancel, 92AD3d 891, 891 [2012]; People vOrtiz, 89 AD3d 1113, 1113 [2011]).
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 (seePeople v Cancel, 92 AD3d at 891; People v Bivens, 88 AD3d 808, 809 [2011]; People v Romero, 82 AD3d 1013,1013 [2011]; People v Burgess, 81AD3d 969, 970 [2011]; People vAnthoulis, 78 AD3d 854, 854-855 [2010]). Skelos, J.P., Angiolillo, Dickerson and Hall,JJ., concur.