| People v McNair |
| 2014 NY Slip Op 01196 [114 AD3d 881] |
| February 19, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Elijahwon McNair, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and RichardLongworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered August 25, 2011, convicting him of assault in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claims of ineffective assistance of counsel cannot be reviewed ondirect appeal because they are based on matter outside the record on appeal (see People v Rohlehr, 87AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]). " 'Theappropriate vehicle . . . to allege ineffective assistance of counsel groundedin allegations referring to facts outside of the . . . record is [a motion]pursuant to CPL 440.10, where matters dehors the record may be considered' "(People v Rohlehr, 87 AD3d at 604, quoting People v Miller, 68 AD3d at1135).
The defendant's valid waiver of his right to appeal precludes review of his contentionthat the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d248, 255 [2006]; People vGonzalez, 109 AD3d 1003 [2013]; People v Arias, 100 AD3d 914 [2012]). Dillon, J.P.,Balkin, Leventhal and Chambers, JJ., concur.