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PEOPLE v. MARTELLA
Appellate Division of the Supreme Court of New York, Second Department.
Dec 14, 1987
Ordered that the judgment is affirmed.
The County Court made proper inquiry to ensure that the defendant's waiver, inter alia, of his right to raise the defense of intoxication was knowingly, voluntarily and intelligently made (see, People v Serrano, 15 N.Y.2d 304). Moreover, the defendant may not here challenge the factual basis for his plea (People v Riley, 120 A.D.2d 752). His present claim of ineffective assistance of counsel is not established by the record and should have been raised at sentencing or in a postjudgment motion (cf., People v Pascale, 48 N.Y.2d 997; People v Brown, 45 N.Y.2d 852). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.
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