People v Brisman

2008 NY Slip Op 04365 [51 AD3d 685]

May 6, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York, Respondent, v JasonBrisman, Appellant.

—[*1]Del Atwell, East Hampton, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Heather A. Ryan of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.),rendered December 19, 2005, convicting him of attempted promoting prison contraband in thefirst degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Portions of the defendant's claim of ineffective assistance of counsel are based on matterdehors the record, which cannot be reviewed on direct appeal (see People v Potts, 49 AD3d 782[2008]; People v Shemack, 46AD3d 582, 583 [2007]; People vHernandez, 44 AD3d 684 [2007]). To the extent that the claim can be reviewed, therecord does not support the defendant's contention that he was denied the effective assistance ofcounsel under either the Federal or the State Constitution (see Strickland v Washington,466 US 668 [1984]; People vMcDonald, 1 NY3d 109 [2003]; People v Baldi, 54 NY2d 137, 147 [1981]).Spolzino, J.P., Ritter, Dillon, Balkin and Leventhal, JJ., concur.