Opinion
June 9, 1995
Appeal from the Monroe County Court, Wiggins, Jr., J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contentions that the trial court erred in failing to consider whether the victim was an accomplice to the crime of incest (Penal Law § 255.25) and whether her testimony was supported by corroborative evidence are not preserved for our review (see, CPL 470.05), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). Defense counsel's failure to request a Sandoval hearing does not, in itself, amount to ineffective assistance (see, People v. Klos, 190 A.D.2d 754, 756, lv denied 81 N.Y.2d 972; People v. Gonzalez, 161 A.D.2d 798, lv denied 76 N.Y.2d 857). The other alleged instance of defense counsel's ineffective representation involves matters outside the record and cannot be addressed on direct appeal (see, People v. Brown, 190 A.D.2d 510, 511, lv denied 81 N.Y.2d 968; People v. Reid, 137 A.D.2d 844, lv denied 71 N.Y.2d 901). The sentence imposed is not unduly harsh or severe.
We have examined the remaining contentions raised in defendant's pro se supplemental brief and conclude that none requires reversal.