Majority
—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered October 17, 1994, convicting him, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.
Since defendant has not raised his claim of ineffective assistance in a CPL article 440 motion, the record is insufficient to review strategic explanations for counsel’s conduct of the trial and failure to pursue an entrapment defense (see, People v Love, 57 NY2d 998 ; People v Fuentes, 246 AD2d 474 ). A review of the existing record indicates that defendant received adequate representation (see, People v Hobot, 84 NY2d 1021 ; People v Baldi, 54 NY2d 137 ; cf., People v Brown, 82 NY2d 869 ). Concur — Rosenberger, J. P., Ellerin, Wallach, Williams and Saxe, JJ.
Cases cited
- People v. Love 57 NY2d 998 p. 398
- People v. Fuentes 246 AD2d 474 p. 398
- People v. Hobot 84 NY2d 1021 p. 398
- People v. Baldi 54 NY2d 137 p. 398
- People v. Brown 82 NY2d 869 p. 398