Opinion
1996-09654.
December 1, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered October 21, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Patrick J. Brackley, New York, N.Y. (Thomas Eddy of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Before: ILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that improper comments made by the prosecutor during summation deprived him of a fair trial. The defendant has failed to preserve this contention for appellate review ( see CPL 470.05; People v. Dien, 77 N.Y.2d 885, 886; People v. Rivera, 73 N.Y.2d 941, 942; People v. Goodman, 190 A.D.2d 862). In any event, the defendant's argument is without merit, as the prosecutor's statements did not so prejudice the defendant as to warrant a new trial.
To the extent that the defendant's claims of ineffective assistance of counsel involve matter dehors the record, they may not be reviewed on direct appeal ( see People v. Kinchen, 60 N.Y.2d 772; People v. Aguirre, 304 A.D.2d 771; People v. O'Connor, 291 A.D.2d 573; People v. Weekes, 289 A.D.2d 599; People v. Wells, 288 A.D.2d 408; People v. Davis, 261 A.D.2d 411) . Insofar as we are able to review the defendant's claims of ineffective assistance of counsel, we find that the defense counsel's performance amply met the standard of meaningful representation ( see People v. Benevento, 91 N.Y.2d 708; People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137; People v. Wicker, 229 A.D.2d 602; People v. Sullivan, 153 A.D.2d 223).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
PRUDENTI, P.J., SMITH, FRIEDMANN and H. MILLER, JJ., concur.