Opinion
June 18, 1990
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment as amended is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
The defendant claims that he was deprived of the effective assistance of counsel because of certain inactions on the part of his original attorney. That claim is predicated on matters dehors the record, and is not reviewable on direct appeal (see, People v. Southard, 158 A.D.2d 490; People v. Bux, 144 A.D.2d 683). Moreover, we decline to reduce the defendant's sentence in the exercise of our interest of justice jurisdiction (see, People v Suitte, 90 A.D.2d 80).
We have considered the defendant's remaining contentions and find them to be without merit. Eiber, J.P., Harwood, Rosenblatt and Miller, JJ., concur.