Appeal from a judgment of the Livingston County Court (Robert B. Wiggins, J.), rendered September 4, 2007. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: In appeal No. 1 defendant appeals from a judgment convicting him, upon his plea of guilty, of sexual abuse in the first degree (Penal Law § 130.65 [3]), and in appeal No. 2 he appeals from a judgment convicting him, upon his plea of guilty, of course of sexual conduct against a child in the first degree (§ 130.75 [1] [a]). Defendant contends in each appeal that County Court erred in refusing to suppress his statements to the police. We note at the outset that, although the court issued a bench decision with respect to defendant’s suppression motion
To the extent that defendant may be deemed to contend that the People committed a Brady violation by failing to provide him with the results of the polygraph test allegedly administered during the course of his interrogation, we conclude that his contention is unpreserved for our review (see People v Thompson, 54 AD3d 975, 976 [2008], lv denied 11 NY3d 858 [2008]). Indeed, defendant’s contention concerns matters outside the record on appeal, which contains no polygraph test results, and thus defendant’s contention may properly be raised by way of a motion pursuant to CPL article 440 (see generally People v Burroughs, 71 AD3d 1447 [2010]). Furthermore, to the extent that the contention of defendant that he received ineffective assistance of counsel survives his plea of guilty (see People v Adams, 66 AD3d 1355 [2009], lv denied 13 NY3d 858 [2009]), we conclude that defendant’s contention lacks merit (see generally People v Ford, 86 NY2d 397, 404 [1995]). Finally, the sentence is not unduly harsh or severe. Present—Centra, J.P., Peradotto, Lindley, Green and Gorski, JJ.