Majority
p. 117The People of the State of New York, Respondent, v Karl Wilson, Appellant. [733 NYS2d 346]
—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 4V2 to 9 years, unanimously affirmed.
Defendant’s ineffective assistance claims rest largely upon
p. 118
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 AD2d 97 ). To the extent that the existing record permits review, it establishes that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708 , 713-714). Concur — Tom, J. P., Andrias, Lerner, Saxe and Buckley, JJ.
Cases cited
- People v. Benevento 91 NY2d 708 at 713-714 p. 118