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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON ALEXANDER, Appellant.

Ordered that the judgment rendered under superior court information No. 663/07 is affirmed; and it is further,

Ordered that the judgment rendered under indictment No. 2374/06 is modified, on the law, by vacating the sentence imposed for the crime of criminal possession of a controlled substance in the seventh degree; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, his pleas of guilty were knowingly, voluntarily, and intelligently entered ( see People v Garcia, 92 NY2d 869, 870; People v Fiumefreddo, 82 NY2d 536, 543; People v Grimes, 35 AD3d 882, 883). The defendant's claim of ineffective assistance of counsel rests, in part, on matter dehors the record and, therefore, is not reviewable on direct appeal ( see People v DeLuca, 45 AD3d 777; People v Sanchez, 33 AD3d 633, 634). To the extent the claim is reviewable on direct appeal, the record reveals that defense counsel provided the defendant with meaningful representation ( see People v Ford, 86 NY2d 397, 404).

However, as the People correctly concede, the sentencing court erred in imposing an additional sentence for the crime of criminal possession of a controlled substance in the seventh degree under indictment No. 2374/06, since the defendant did not plead guilty to that offense ( see People v Rosario, 22 AD3d 871, 872; People v Brown, 244 AD2d 348, 349).

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PEOPLE v. ALEXANDER
(May 5, 2009)