People v. Maisonet

Appellate Division of the Supreme Court of New York

People v. Maisonet

2017 NY Slip Op 1285, 147 A.D.3d 565, 46 N.Y.S.3d 798

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 16, 2017

Docket3128 159/16

StatusPublished

This text of 2017 NY Slip Op 1285 (People v. Maisonet) 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.

Bluebook

People v. Maisonet, 2017 NY Slip Op 1285, 147 A.D.3d 565, 46 N.Y.S.3d 798 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered February 16, 2016, convicting defendant, upon her plea of guilty, of promoting prison contraband in the second degree, and sentencing her to a term of 90 days, unanimously affirmed.

Defendant’s claims that her plea was involuntary and that she received ineffective assistance of counsel are unreviewable on direct appeal because they involve matters not reflected in the record. Accordingly, since defendant has not made a CPL 440.10 motion, the merits of these claims may not be addressed on appeal. In the alternative, to the extent the existing record permits review, we find that it fails to support defendant’s *566 claims, which are largely based on speculation.

Concur— Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered February 16, 2016, convicting defendant, upon her plea of guilty, of promoting prison contraband in the second degree, and sentencing her to a term of 90 days, unanimously affirmed.

Defendant’s claims that her plea was involuntary and that she received ineffective assistance of counsel are unreviewable on direct appeal because they involve matters not reflected in the record. Accordingly, since defendant has not made a CPL 440.10 motion, the merits of these claims may not be addressed on appeal. In the alternative, to the extent the existing record permits review, we find that it fails to support defendant’s *566 claims, which are largely based on speculation.

Concur— Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 1285, 147 A.D.3d 565, 46 N.Y.S.3d 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maisonet-nyappdiv-2017.