| People v Cooks |
| 2013 NY Slip Op 04020 [107 AD3d 734] |
| June 5, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kashone Cooks, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Jason R. Richards and Kevin C.King of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, NassauCounty (Honorof, J.), rendered January 11, 2012, convicting him of criminal sale of acontrolled substance in the fourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the amended judgment is affirmed.
The Supreme Court did not improvidently exercise its discretion in denying, withouta hearing, the defendant's motions to withdraw his plea of guilty. The defendant'sunsupported and conclusory allegations that defense counsel failed to investigate anduncover potentially exculpatory evidence did not warrant the vacatur of his plea of guilty(see People v Maye, 64AD3d 617, 618 [2009]; People v Mitchell, 187 AD2d 676 [1992];People v Bourdonnay, 160 AD2d 1014, 1015 [1990]).
The defendant's contention that his plea of guilty was not voluntarily entered becausehe was not advised, at the time he entered his plea, that he would be assessed amandatory surcharge, crime victim assistance fee, and DNA databank fee, and that aDNA sample would be taken, is unpreserved for appellate review (see People v Murray, 15 NY3d725, 726-727 [2010]) and, in any event, without merit, since those assessments werenot components of the defendant's sentence (see People v Hoti, 12 NY3d 742, 743 [2009]; People v Guerrero, 12 NY3d45 [2009]).
The defendant's remaining contentions rest on matter dehors the record and thereforecannot be reviewed on direct appeal (see People v Maye, 64 AD3d at 618; People v DeLuca, 45 AD3d777 [2007]). Skelos, J.P., Chambers, Sgroi and Hinds-Radix, JJ., concur.