| People v Folger |
| 2013 NY Slip Op 06380 [110 AD3d 736] |
| October 2, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Shan Folger, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Forman, J.), rendered October 11, 2011, convicting him of attempted assault in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea was not voluntary is unpreserved forappellate review, because he did not move to vacate his plea or otherwise raise this issuebefore the County Court (seePeople v Perez, 51 AD3d 1043 [2008]). In any event, the defendant's plea ofguilty was entered knowingly, voluntarily, and intelligently (see People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666[1988]; People v Harris, 61 NY2d 9, 17 [1983]).
The defendant's pro se contention that he was deprived of the constitutional right tothe effective assistance of counsel is based on matters outside the record, and thus itcannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d1135, 1135 [2009]). " 'The appropriate vehicle . . . to allege ineffectiveassistance of counsel grounded in allegations referring to facts outside of the. . . record is pursuant to CPL 440.10, where matters dehors the record maybe considered' " (People v Rohlehr, 87 AD3d at 604, quoting People vMiller, 68 AD3d at 1135). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.