People v. Yancy

• Decision Date: 11 January 1993
• Citation: 189 A.D.2d 793,592 N.Y.S.2d 279
• Parties: The PEOPLE, etc., Respondent, v. William Charles YANCY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 279

592 N.Y.S.2d 279

189 A.D.2d 793

The PEOPLE, etc., Respondent, v. William Charles YANCY, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

January 11, 1993

Marjorie E. Cotton, Shrub Oak, for appellant. Carl A. Vergari, Dist. Atty., White Plains (Bruce Edward Kelly, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Silverman, J.), rendered April 26, 1991, convicting him of robbery in the first degree and criminal possession of stolen property in the fourth degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's contention that he was denied the effective assistance of counsel in unavailing. The record demonstrates that the defendant was afforded meaningful representation (see generally, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400). Moreover, to the extent that the defendant's claim of ineffective assistance of counsel is based on matters outside of the record, it is not reviewable on direct appeal (see, People v. Pampalone, 183 A.D.2d 431, 583 N.Y.S.2d 379; People v. Ford, 182 A.D.2d 565, 585 N.Y.S.2d 699; People v. Pelaccio, 159 A.D.2d 734, 553 N.Y.S.2d 1016; People v. Sampson, 156 A.D.2d 492, 548 N.Y.S.2d 916).

BALLETTA, J.P., and EIBER, O'BRIEN and SANTUCCI, JJ., concur.