People v. Thornton

250 A.D.2d 398, 671 N.Y.S.2d 654, 1998 N.Y. App. Div. LEXIS 5309

Opinion

—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.