The People, etc., respondent, v. Richard Bivens, appellant. (2011)

Submitted—September 23, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered December 3, 2009, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a favorable sentence promise (see People v. Bruno, 73 AD3d at 941;  People v. Pooler, 58 AD3d at 757;  People v. Cummings, 53 AD3d 587).   The defendant's unsubstantiated assertions of innocence at the time of sentencing were insufficient to justify granting his motion to withdraw his plea of guilty (see People v. Bruno, 73 AD3d at 941;  People v. Cummings, 53 AD3d at 587).

To the extent that the defendant's claim that he was deprived of the effective assistance of counsel rests on matter which is dehors the record, it is not reviewable on direct appeal (see People v. Ramos, 77 AD3d 773, 775;  People v. Drago, 50 AD3d 920).   To the extent this claim may be reviewed on the record before us, we find that counsel provided the defendant with meaningful representation (see People v. Perez, 83 AD3d 738, 739, lv denied 17 NY3d 809;  People v. Ramos, 77 AD3d at 774–775).

DILLON, J.P., BELEN, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court