Summary
finding that, although the defendant had been drinking beer and brandy, there was no evidence that of intoxication warranting an intoxication charge
Summary of this case from Cotto v. LordOpinion
May 15, 1989
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed.
The defendant contends on this appeal that his trial counsel's failure to challenge his arrest as founded on less than probable cause constituted ineffective assistance of counsel. This claim, however, is based on matters which are dehors the record, and, therefore, are not subject to review on direct appeal (see, People v Ramos, 63 N.Y.2d 640, 643; People v Brown, 45 N.Y.2d 852; People v Candelaria, 139 A.D.2d 752, 753; People v Navedo, 137 A.D.2d 726, lv denied 71 N.Y.2d 1030; People v Ricks, 135 A.D.2d 844, 845).
The defendant's contentions with regard to the propriety of the sentence imposed are unpreserved for appellate review (see, People v Ifill, 108 A.D.2d 202) and, in any event, lack merit. Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.