Opinion
June 9, 1986
Appeal from the County Court, Nassau County (Delin, J.).
Judgment affirmed.
With respect to those instances of claimed ineffective assistance of counsel which are alleged to appear on the record and which we may review, we find no merit to the defendant's assertions and conclude that the defendant was competently represented (see, People v. Lundy, 104 A.D.2d 384, 386).
Following rendition of the judgment of conviction, the defendant moved pursuant to CPL 440.10 to vacate the judgment, largely on the basis of the alleged ineffective assistance of his counsel. By order entered May 16, 1984, the motion was denied. Justice Brown denied the defendant's motion for leave to appeal from that order. To the extent that the defendant seeks to set forth alleged indicia of ineffective assistance of counsel that are dehors the record and were raised by him in his unsuccessful motion to vacate the judgment, we decline to review the same as they are not properly before the court (see, People v. Drummond, 104 A.D.2d 825; People v. Lindo, 104 A.D.2d 902; cf. People v Ramsey, 104 A.D.2d 388). Mangano, J.P., Gibbons, Kooper and Spatt, JJ., concur.