People v. Yagudaev
| Decision Date | 16 February 2010 |
| Citation | 2010 N.Y. Slip Op. 01526,70 A.D.3d 984,893 N.Y.S.2d 873 |
| Parties | The PEOPLE, etc., respondent,v.Alex YAGUDAEV, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HEREAnthony L. Mascolo, Kew Gardens, N.Y., for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Rona I. Kugler of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gavrin, J.), rendered April 20, 2009, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that he was deprived of the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 712–715, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Baldi, 54 N.Y.2d 137, 146–147, 444 N.Y.S.2d 893, 429 N.E.2d 400). To the extent that the defendant's claim involves matter dehors the record, it may not be reviewed on direct appeal ( see People v. Haynes, 39 A.D.3d 562, 564, 833 N.Y.S.2d 193). To the extent that the claim may be reviewed, defense counsel provided meaningful representation ( see People v. Ennis, 11 N.Y.3d 403, 415, 872 N.Y.S.2d 364, 900 N.E.2d 915, cert. denied US, ––– U.S. ––––, 129 S.Ct. 2383, 173 L.Ed.2d 1301; People v. Gomez, 67 A.D.3d 927, 927–928, 888 N.Y.S.2d 613; People v. Carter, 44 A.D.3d 677, 679, 843 N.Y.S.2d 381).
The defendant's remaining contentions are unpreserved for appellate review ( see CPL 470.05[2] ) and, in any event, are without merit.
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