Opinion
November 20, 2001.
Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered September 29, 1999, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Barbara Jane Hutter, for respondent.
Steven N. Feinman, for defendant-appellant.
Before: Tom, J.P., Andrias, Lerner, Saxe, Buckley, JJ.
Defendant's ineffective assistance claims rest largely upon factual assertions dehors the record which he made in his unsuccessful post-conviction motions to vacate the judgment pursuant to CPL 440.10. However, since leave to appeal to this Court was denied, these assertions are not properly before this Court (People v. Williams, 266 A.D.2d 97). To the extent that the existing record permits review, it establishes that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.