People v. SpotardsPeople v. Spotards
The defendant‘s challenge to the validity of his plea is unpreserved for appellate review since it was not raised in the County Court (see People v Clarke, 93 NY2d 904, 905 [1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Coles, 240 AD2d 419 [1997]). In any event, the defendant‘s claim that his plea was not knowing, voluntarily, and intelligent because it resulted from his counsel‘s failure to advise him that he would be sentenced as a persistent violent felony offender cannot be reviewed on direct appeal since it is based on matter which is dehors the record (see People v Reels, 17 AD3d 488, 489 [2005]; People v Villacreses, 12 AD3d 624, 626 [2004]). The defendant‘s claim of ineffective assistance of counsel is likewise based on matter which is dehors the record and, thus, cannot be reviewed on direct appeal (see People v Reels, supra; People v Villacreses, supra). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.