PEOPLE v. BANKS (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Steven BANKS, Appellant.

Decided: November 24, 1997

Before MANGANO, P.J., and COPERTINO, JOY, FLORIO and LUCIANO, JJ.

Daniel L. Greenberg, New York City (Michael C. Taglieri, of counsel), for appellant, and appellant pro se. Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Monique Ferrell, and Diane R. Eisner, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Quinones, J.), rendered December 18, 1995, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendants' pro se contention that the Supreme Court intimidated him into refraining from moving to withdraw his plea of guilty is premised upon matters dehors the record and thus cannot be resolved on a direct appeal from the judgment (see, People v. Otero, 201 A.D.2d 675, 608 N.Y.S.2d 260).

The defendant pleaded 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 now to complain that the sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).

MEMORANDUM BY THE COURT.

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