| People v Bryan |
| 2015 NY Slip Op 05111 [129 AD3d 524] |
| June 16, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Darryl Bryan, Appellant. |
Marianne Karas, Thornwood, for appellant.
Robert T. Johnson, District Attorney, Bronx (Paul B. Hershan of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered May 14,2013, convicting defendant, upon his plea of guilty, of burglary in the second degree, andsentencing him to a term of six years, unanimously affirmed.
Since defendant did not move to withdraw his plea, his challenge to the voluntarinessof the plea is unpreserved and we decline to review it in the interest of justice. As analternative holding, we reject it on the merits. During the plea allocution itself, defendantadmitted his guilt and said nothing that negated any element of the crime or raised anydefenses (see People v Toxey, 86 NY2d 725 [1995]). Accordingly, the court hadno obligation to conduct a sua sponte inquiry into postplea statements by defendantregarding his intoxication at the time of the crime that were reflected in the presentencereport (see e.g. People vPraileau, 110 AD3d 415 [1st Dept 2013], lv denied 22 NY3d 1202[2014]; People v Pantoja, 281 AD2d 245 [1st Dept 2001], lv denied 96NY2d 905 [2001]).
Defendant's ineffective assistance of counsel claims are unreviewable on directappeal because they involve matters outside the record including attorney-clientconsultations on such matters as plea negotiations, the advisability of raising anintoxication defense, and whether to make a plea withdrawal motion (see People vRivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]).Accordingly, since defendant has not made a CPL 440.10 motion, the merits of theineffectiveness claims may not be addressed on appeal. In the alternative, to the extentthe existing record permits review, we find nothing to cast doubt on counsel'seffectiveness. Concur—Mazzarelli, J.P., Sweeny, Andrias, Saxe and Richter,JJ.