Opinion
KA 02-00427.
December 31, 2003.
Appeal from a judgment of Ontario County Court (Doran, J.), entered February 20, 2002, convicting defendant after a jury trial of, inter alia, assault in the third degree (two counts).
DAVID M. PARKS, ITHACA, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (THOMAS D. REH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND KEHOE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant contends that he was denied effective assistance of counsel because defense counsel prevented defendant from exercising his right to testify at trial. That contention, however, rests primarily on matters outside the record and thus is not properly raised on direct appeal ( see People v. Bennett, 284 A.D.2d 338, lv denied 96 N.Y.2d 898; People v. Martin, 271 A.D.2d 459, lv denied 95 N.Y.2d 868).