Opinion
Argued February 24, 2000.
April 3, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered May 11, 1998, convicting him of murder in the second degree, manslaughter in the second degree, robbery in the first degree (two counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Powe of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Matthew Schechter of counsel), for respondent.
DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
To the extent that the defendant's claim of ineffective assistance of counsel is premised upon his attorney `s alleged failure to properly advise him with respect to his right to testify at trial, such claim involves matters which are dehors the record and are not properly presented on direct appeal (see, People v. Boyd, 244 A.D.2d 497 ; People v. Lebrun, 234 A.D.2d 392 ; People v. Simon, 196 A.D.2d 851, 852 ; People v. Bagarozy, 182 A.D.2d 565, 566 ; People v. Clark, 175 A.D.2d 212 ; People v. Williams, 145 A.D.2d 672, 673 ). The claim is otherwise without merit as the record establishes that trial counsel rendered meaningful representation to the defendant at all stages of the proceedings (see, People v. Ellis, 81 N.Y.2d 854, 856 ;People v. Baldi, 54 N.Y.2d 137, 147 ; People v. Boyd, supra).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85 ).