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The People of the State of New York v. Kevin Manuel

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KEVIN MANUEL, DEFENDANT-APPELLANT.

Appeal from a judgment of the Wayne County Court Stephen R. Sirkin, J. rendered October 16, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

People v Manuel

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). The contention of defendant that County Court failed to apprehend the extent of its discretion in sentencing him is not supported by the record (see People v Moon, 43 AD3d 1379, lv denied 9 NY3d 1036; People v Lee, 24 AD3d 1246, lv denied 6 NY3d 850; cf. People v Schafer, 19 AD3d 1133). To the extent that the further contention of defendant that he was denied effective assistance of counsel survives his plea (see People v Barnes, 32 AD3d 1250), it "involve[s] matters outside the record on appeal and thus [is] properly raised by way of a motion pursuant to CPL article 440" (People v Barnes, 56 AD3d 1171, 1171-1172; see People v Graham, 77 AD3d 1439).

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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