Opinion
2002-07069.
Decided March 1, 2004.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered July 23, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
To the extent the defendant's claim of ineffective assistance of counsel involves matter dehors the record, it may not be reviewed on this appeal ( see People v. Aguirre, 304 A.D.2d 771). Insofar as his claim may be reviewed, the record, as a whole, demonstrates that he received meaningful representation ( see People v. Henry, 95 N.Y.2d 563; People v. Baldi, 54 N.Y.2d 137).
Contrary to the defendant's contention, the Supreme Court's Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371) was a provident exercise of its discretion ( see People v. Mattiace, 77 N.Y.2d 269; People v. Rahman, 46 N.Y.2d 882).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions either are unpreserved for appellate review or do not warrant reversal.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.