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THE PEOPLE, etc., RESPONDENT, v. TARHENE OMAR FINCH, APPELLANT. (Ind. No. 152/98)

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).

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PEOPLE v. FINCH
(Jan 25, 2001)