People v. Bryant

209 A.D.2d 286, 619 N.Y.S.2d 541, 1994 N.Y. App. Div. LEXIS 11372

Opinion

—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.