Majority
p. 490The People of the State of New York, Respondent, v David Southard, Appellant.
The defendant’s claim that he was not afforded the effective assistance of counsel is based on matters dehors the record and thus not reviewable on direct appeal (see, People v Walker, 152 AD2d 644 ; People v Bosley, 149 AD2d 520 ; People v Robinson, 122 AD2d 173 ). The appropriate remedy is a post-conviction motion pursuant to CPL 440.10 (see, People v Walker, supra; People v Bosley, supra). Mangano, J. P., Kunzeman, Eiber and Kooper, JJ., concur.