PEOPLE v. MANUEL

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). 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 "involved] 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; see People v Graham, 11 AD3d 1439).