Opinion
(1575) KA 01-00288
December 21, 2001.
(Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Forgery, 2nd Degree.)
PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, SCUDDER AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw his guilty pleas or to vacate the judgments of conviction, defendant failed to preserve for our review his contention that Supreme Court erred in permitting the prosecutor to conduct the factual portion of the plea allocutions ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Smith, 288 A.D.2d 931 [decided Nov. 9, 2001]; People v. Sanchez, 284 A.D.2d 137). In any event, there is no merit to that contention. "[A]lthough a plea inquiry should normally be conducted by the court * * *, the plea[s were] clearly voluntary and there is no basis for reversal" ( People v. Sanchez, supra; see, People v. Smith, supra). The contention of defendant that he was deprived of effective assistance of counsel involves, in part, matters that are outside the record and thus beyond our review ( see, People v. Marvin, 216 A.D.2d 930, lv denied 86 N.Y.2d 844). To the extent that the record permits review of that contention, we conclude that it is lacking in merit ( see, People v. Baldi, 54 N.Y.2d 137, 147). The sentence is neither unduly harsh nor severe. The contentions of defendant in his pro se supplemental brief are not properly before us ( see, 22 NYCRR 1000.3 [f]). In any event, there is no merit to any of those contentions.