Opinion
December 22, 1995
Appeal from the Cayuga County Court, Corning, J.
Present — Green, J.P., Lawton, Fallon, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The record does not support the contention of defendant that the sentencing court should have granted defendant youthful offender status, and we decline to disturb the court's discretionary determination (see, People v Pappas, 198 A.D.2d 918, lv denied 82 N.Y.2d 928). We have considered defendant's contention that the sentence imposed is harsh and excessive and conclude that it is without merit.
We further conclude that the contention of defendant in his pro se supplemental brief that he was denied effective assistance of counsel is without merit. Defendant has failed to "demonstrate the absence of strategic or other legitimate explanations for counsel's failure to pursue `colorable' claims" (People v Garcia, 75 N.Y.2d 973, 974; see, People v Barber, 202 A.D.2d 978, lv denied 83 N.Y.2d 908). The remaining alleged instances of defense counsel's ineffective assistance involve matters outside the record that cannot be addressed on direct appeal (see, People v Williams, 216 A.D.2d 945).