People v. Masso-Diaz, 107 A.D.3d 1148 (N.Y. App. Div. 2013). · Go Syfert
People v. Masso-Diaz, 107 A.D.3d 1148 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: People v. Gause (nyappdiv, 2018-03-29)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Gause
N.Y. App. Div. · 2018 · confidence medium
Certain of defendant's arguments, including the extent to which defense counsel had contact with defendant following his arraignment, implicate matters outside of the record and are more properly the subject of a CPL article 440 motion ( see People v Santiago , 118 AD3d 1032, 1033 [2014]; People v Masso-Diaz , 107 AD3d 1148, 1129 [2013]).
discussed Cited as authority (rule) People v. Sheskier
N.Y. App. Div. · 2014 · confidence medium
Because the record does not indicate that defendant moved to withdraw his plea or vacate the judgment of conviction, the issue of ineffective assistance of counsel is unpreserved for this Court’s review (see People v Youngblood, 107 AD3d 1159, 1160 [2013], lv denied 21 NY3d 1078 [2013]; People v Masso-Diaz, 107 AD3d 1148, 1149 [2013]; People v Veras, 103 AD3d 984, 985 [2013], lv denied 21 NY3d 947 [2013]).
discussed Cited as authority (rule) People v. Sheskier
N.Y. App. Div. · 2014 · confidence medium
Because the record does not indicate that defendant moved to withdraw his plea or vacate the judgment of conviction, the issue of ineffective assistance of counsel is unpreserved for this Court’s review (see People v Youngblood, 107 AD3d 1159, 1160 [2013], lv denied 21 NY3d 1078 [2013]; People v Masso-Diaz, 107 AD3d 1148, 1149 [2013]; People v Veras, 103 AD3d 984, 985 [2013], lv denied 21 NY3d 947 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Miguel Masso-Diaz
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 2013.
107 A.D.3d 1148
McCarthy.
Cited by 3 opinions  |  Published
McCarthy, J.

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered January 19, 2011, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

[*1149] In November 2010, defendant pleaded guilty to assault in the second degree in satisfaction of a three-count indictment, a pending violation of probation petition, an unrelated felony and other charges. In accordance with the plea agreement, he was thereafter sentenced as a second felony offender to seven years in prison, to be followed by five years of postrelease supervision. This appeal ensued.

We affirm. Defendant’s sole argument on appeal is that he received ineffective assistance of counsel because — during sentencing — defense counsel misstated the law as to defendant’s legal options had he not entered a guilty plea to the subject crime. Defendant does not explain how a statement made at sentencing would have affected his earlier guilty plea. Claims relying on proof outside the record are appropriately raised in a postjudgment motion, not on direct appeal (see People v Rivera, 78 AD3d 1423, 1424 [2010]). Because the record does not indicate that defendant moved to withdraw his plea or vacate the judgment of conviction, the issue of ineffective assistance of counsel has not been preserved for our review (see id.; People v Belle, 74 AD3d 1477, 1480 [2010], lv denied 15 NY3d 918 [2010]).

Lahtinen, J.P., Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.