Opinion
January 24, 1995
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
Viewing the evidence in a light most favorable to the People and giving due deference to the factfinder's evaluations of credibility (People v. Bleakley, 69 N.Y.2d 490, 495), defendant's guilt was proved beyond a reasonable doubt by overwhelming, legally sufficient evidence and the verdict was not against the weight of the evidence. Defendant failed to preserve his present claim that the prosecutor exceeded the court's Sandoval ruling (CPL 470.05). Since defendant's own testimony, in an attempt at exculpation, opened the door to corrective questioning by the prosecutor (People v. Fardan, 82 N.Y.2d 638, 646), we decline to review in the interest of justice. Defendant failed to challenge the effectiveness of his trial representation pursuant to CPL 440.10, thereby depriving this Court of an adequate record for review. From the present state of the record, we cannot conclude that defendant was denied meaningful representation.
We have examined defendant's remaining contentions, including those posed in his pro se brief, and find them without merit.
Concur — Murphy, P.J., Rosenberger, Williams and Tom, JJ.