People v. Saez

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered June 10, 1998, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 12V2 to 25 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning credibility and identification.

Since defendant’s ineffective assistance claim rests on matters of trial strategy, as well as factual allegations dehors the record concerning the alleged withholding of Rosario material, such claim would require a CPL 440.10 motion in order to further develop the record. On the existing record, we find that trial counsel provided meaningful representation (see, People v Benevento, 91 NY2d 708 , 713-714). The record does not establish, or even suggest, that trial counsel failed to acquire the Rosario document in question.

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to