Opinion
October 3, 2000.
Judgment, Supreme Court, New York County (Rena Uviller, J., on dismissal motion; Renee White, J., at jury trial and sentence), rendered September 8, 1997, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Beth Beller, for respondent.
Pro Se, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Lerner, Andrias, Friedman, JJ.
Defendant's motion to dismiss the indictment was properly denied. A certified copy of the police chemist's report was properly received into evidence (CPL 190.30). The prosecutor's legal instructions were adequate and contained no defects rising to the level of impairing the integrity of the proceeding, as would be required for dismissal (see, People v. Vigo, 222 A.D.2d 261). To the extent that defendant is challenging the sufficiency of the Grand Jury evidence, that claim is unreviewable (CPL 210.30).
Defendant's claims regarding ineffectiveness of counsel involve, for the most part, questions of trial tactics that, in this case, can not be reviewed on this direct appeal (People v. Rivera, 71 N.Y.2d 705). To the extent that the existing record permits review, we find that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.