AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE, etc., respondent, v. RICHARD FONTANA, appellant. (Ind. No. 788/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

In view of the defendant's complete plea allocution before the same Judge who presided at sentencing, and the fact that the defendant made no showing to support his conclusory allegations that he was innocent and that he was forced to plead guilty because of the ineffective assistance of counsel, the court properly sentenced the defendant without making further inquiry (see, People v. Irizzary, 125 A.D.2d 589 ).

The alleged facts relating to the defendant's claim of ineffective assistance of counsel are dehors the record, and, therefore, cannot be reviewed on direct appeal (see, CPL art 440;People v. Allen, 156 A.D.2d 700, 701 ).

The defendant entered his plea of guilty with the understanding that he would receive the sentence which was thereafter actually imposed. Under the circumstances of this case, the defendant has no basis to complain that his sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816 ).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. FONTANA
(Dec 20, 1999)