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People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 620 (N.Y. App. Div. 1989)

Summary

finding that, although the defendant had been drinking beer and brandy, there was no evidence that of intoxication warranting an intoxication charge

Summary of this case from Cotto v. Lord

Opinion

May 15, 1989

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The defendant contends on this appeal that his trial counsel's failure to challenge his arrest as founded on less than probable cause constituted ineffective assistance of counsel. This claim, however, is based on matters which are dehors the record, and, therefore, are not subject to review on direct appeal (see, People v Ramos, 63 N.Y.2d 640, 643; People v Brown, 45 N.Y.2d 852; People v Candelaria, 139 A.D.2d 752, 753; People v Navedo, 137 A.D.2d 726, lv denied 71 N.Y.2d 1030; People v Ricks, 135 A.D.2d 844, 845).

The defendant's contentions with regard to the propriety of the sentence imposed are unpreserved for appellate review (see, People v Ifill, 108 A.D.2d 202) and, in any event, lack merit. Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 620 (N.Y. App. Div. 1989)

finding that, although the defendant had been drinking beer and brandy, there was no evidence that of intoxication warranting an intoxication charge

Summary of this case from Cotto v. Lord
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO REYES, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1989

Citations

150 A.D.2d 620 (N.Y. App. Div. 1989)
541 N.Y.S.2d 489

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