Opinion
2019–05398 Ind. No. 18–00533
04-21-2021
The PEOPLE, etc., respondent, v. Willie MCLEOD, appellant.
Joseph J. Artrip, Cornwall, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Joseph J. Artrip, Cornwall, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered April 15, 2019, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant argues that he was deprived of his right to counsel when the County Court required him to make a decision on the People's plea offer on the first day he met with new counsel, who was assigned to him after prior counsel was relieved due to a conflict. The defendant further contends that he did not receive effective assistance of counsel due to his new counsel's failure to adequately review his case prior to advising him to plead guilty. The defendant's contention that he was deprived of his right to counsel is unpreserved for appellate review (see CPL 470.05[2] ; People v. Cooper, 192 A.D.3d 823, 139 N.Y.S.3d 902, 2021 N.Y. Slip Op. 01426 [2d Dept.] ). In any event, neither contention can be reviewed on direct appeal as they are based, in part, on matters dehors the record (see People v. Walker, 189 A.D.3d 1619, 1619–1620, 138 N.Y.S.3d 591 ; People v. Shannon, 178 A.D.3d 960, 963, 116 N.Y.S.3d 373 ).
RIVERA, J.P., HINDS–RADIX, CONNOLLY and IANNACCI, JJ., concur.