Opinion
December 26, 1991
Appeal from the Erie County Court, Dillon, J.
Present — Callahan, J.P., Boomer, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied effective assistance of trial counsel due to an alleged conflict of interest and of appellate counsel due to undue delay in perfecting his appeal. Because the allegations raised on these issues involve matters which are foreign to the stipulated record, they may not be considered on direct appeal (see, People v Ores, 108 A.D.2d 931; People v Roberts, 89 A.D.2d 912). All other issues raised on appeal were addressed in People v Green ( 170 A.D.2d 1024, lv denied 78 N.Y.2d 966).