Opinion
October 1, 1996.
Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered October 25, 1994, convicting defendant, after a nonjury trial, of driving while ability impaired and aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to 6 months imprisonment and 4½ years probation, unanimously affirmed. The case is remitted to Supreme Court, New York County for further proceedings pursuant to CPL 460.50 (5).
Before: Sullivan, J.P., Ellerin, Ross, Nardelli and Andrias, JJ.
Quite apart from the issue of whether an Alfordl-Serrano plea would have been available, defendant's claim of ineffective assistance of trial counsel cannot be reviewed on this record, which is silent on the issue of counsel's alleged failure ( see, People v Reed, 152 AD2d 481).