People v. Wilson

288 A.D.2d 117, 733 N.Y.S.2d 346, 2001 N.Y. App. Div. LEXIS 11116

Opinion

—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 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.