People v. Cancel
This text of 92 A.D.3d 891 (People v. Cancel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant’s contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review (see People v Shaffer, 81 AD3d 989 [2011]; People v Budden, 77 AD3d 672 [2010]). In any event, the record demonstrates that the defendant’s plea was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]).
The defendant’s contention that he was deprived of the effective assistance of counsel is based on matter dehors the record, and therefore cannot be reviewed on direct appeal (see People v Brewer, 73 AD3d 1199 [2010]). Dillon, J.P, Florio, Chambers and Lott, JJ., concur.
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Cite This Page — Counsel Stack
92 A.D.3d 891, 938 N.Y.2d 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cancel-nyappdiv-2012.