People v Yagudaev
2010 NY Slip Op 01526 [70 AD3d 984]
February 16, 2010
Appellate Division, Second Department
As corrected through Wednesday, March 31, 2010


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

[*1]Anthony L. Mascolo, Kew Gardens, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Rona I. Kugler of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gavrin,J.), rendered April 20, 2009, convicting him of assault in the second degree, upon a jury verdict,and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was deprived of the effective assistance of counsel (seePeople v Benevento, 91 NY2d 708, 712-715 [1998]; People v Baldi, 54 NY2d 137,146-147 [1981]). To the extent that the defendant's claim involves matter dehors the record, itmay not be reviewed on direct appeal (see People v Haynes, 39 AD3d 562, 564 [2007]).To the extent that the claim may be reviewed, defense counsel provided meaningfulrepresentation (see People v Ennis, 11 NY3d 403, 415 [2008], cert denied 556US —, 129 S Ct 2383 [2009]; People v Gomez, 67 AD3d 927, 927-928 [2009];People v Carter, 44 AD3d 677, 679 [2007]).

The defendant's remaining contentions are unpreserved for appellate review (seeCPL 470.05 [2]) and, in any event, are without merit. Skelos, J.P., Covello, Balkin andAustin, JJ., concur.


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