PEOPLE v. RAMSEY (2008)

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered January 16, 2007, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review since he did not move to withdraw his plea on this ground prior to sentencing (see CPL 470.05 [2];  People v. Rusielewicz, 45 A.D.3d 704, 846 N.Y.S.2d 243;  People v. Scott, 39 A.D.3d 570, 571, 834 N.Y.S.2d 226;  People v. Nicholas, 8 A.D.3d 300, 777 N.Y.S.2d 321).   In any event, to the extent that the contention can be reviewed on the record, we find that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;  People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170).

 The defendant's further contention that he was denied his right to the effective assistance of counsel under the Federal and State Constitutions rests on matter partially dehors the record, which cannot be reviewed on direct appeal (see People v. Rusielewicz, 45 A.D.3d 704, 846 N.Y.S.2d 243;  People v. Gonzalez, 44 A.D.3d 871, 842 N.Y.S.2d 922, lv. denied 9 N.Y.3d 1006, 850 N.Y.S.2d 394, 880 N.E.2d 880;  People v. Bolden, 44 A.D.3d 784, 844 N.Y.S.2d 67).   To the extent that the claim can be reviewed, the record does not support the defendant's contention that he was denied the effective assistance of counsel under either the Federal or the State Constitution (see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674;  People v. McDonald, 1 N.Y.3d 109, 769 N.Y.S.2d 781, 802 N.E.2d 131;  People v. Benevento, 91 N.Y.2d 708, 713, 674 N.Y.S.2d 629, 697 N.E.2d 584;  People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265;  People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

 Moreover, since the defendant pleaded guilty with the understanding that he would receive the sentence that was thereafter imposed, he has no basis to now complain that his sentence was excessive (see People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).