Opinion
October 26, 1999
Judgment, Supreme Court, Bronx County (Steven Barrett, J.).
Defendant's claim of ineffective assistance of counsel would require a CPL 440.10 motion in order to expand the record (People v. Love, 57 N.Y.2d 998). On the existing record, we conclude that defendant received meaningful representation (see,People v. Benevento, 91 N.Y.2d 708, 713-714). The existing record fails to establish defendant's claim that his trial attorney misunderstood or mishandled the extreme emotional disturbance defense.
Furthermore, defendant has not shown how any other strategy would have had a greater likelihood of success.
SULLIVAN, J.P., TOM, RUBIN, SAXE and BUCKLEY, JJ.