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People v. Bryant

209 A.D.2d 286 Court N.Y. App. Div. Decision date 1994-11-17 English

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p. 286
The People of the State of New York, Respondent, v Robert Bryant, Appellant.
[619 NYS2d 541]

—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered March 18, 1992, convicting defendant, after a jury trial, of burglary in the first degree, and sentencing him to a prison term of from 4 to 12 years, unanimously affirmed.

Defendant’s claim of ineffective assistance of counsel is unsupported by any record that might have been developed had an appropriate post-judgment motion been made pursuant to CPL 440.10 (People v Love, 57 NY2d 998 , 1000). On the present state of the record, we do not find that defendant’s trial representation was incompetent (People v Baldi, 54 NY2d 137 ). We also note that it is unlikely that the trial would have had a different outcome but for counsel’s few errors (People v Matos, 183 AD2d 506 , lv denied 80 NY2d 896 ). Nor do we perceive any abuse of discretion in sentencing. Concur—Sullivan, J. P., Wallach, Ross, Rubin and Williams, JJ.

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