Opinion
January 25, 2001.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered October 22, 1999, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Salvatore C. Adamo, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's plea of guilty was entered into knowingly, voluntarily, and intelligently, with a full understanding of the consequences (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067).
Since the defendant's claim of ineffective assistance of counsel rests on matters which are dehors the record, it may not be raised by direct appeal from the judgment (see, People v. Kinchen, 60 N.Y.2d 772, 773-774; People v. Da Forno, 53 N.Y.2d 1006; People v. Wilkins, 245 A.D.2d 536).
The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).