Opinion
January 19, 1995
Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference, defendant's guilt of the crimes charged was proven beyond a reasonable doubt (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932).
The record before this Court does not establish ineffective assistance of counsel and as this Court denied leave to appeal from an order of the Supreme Court denying defendant's motion pursuant to CPL 440.10 to vacate the judgment on the ground of ineffective assistance of counsel, the record in connection with that motion is not properly before this Court (People v Osinoiki, 182 A.D.2d 781, 782, lv denied 80 N.Y.2d 836). This Court has previously ruled that legislative limit on the right to appeal from an order denying a CPL 440.10 motion, an order intermediate in nature, does not violate either New York State or Federal constitutional principles (People v. Thomas, 183 A.D.2d 457, 458, lv denied 80 N.Y.2d 934).
Concur — Ellerin, J.P., Ross, Williams and Tom, JJ.