Opinion
December 23, 1994
Appeal from the Livingston County Court, Cicoria, J.
Present — Pine, J.P., Balio, Fallon, Doerr and Boehm, JJ.
Judgments unanimously affirmed. Memorandum: The contention of defendant that he was denied effective assistance of counsel is without merit (see, People v Rivera, 71 N.Y.2d 705, 708-709; People v Baldi, 54 N.Y.2d 137, 146-147; People v Adams, 151 A.D.2d 921, 922-923; People v Wall, 142 A.D.2d 883, 884, lv denied 73 N.Y.2d 861). The contentions of defendant in his pro se supplemental brief regarding, inter alia, his counsel's failure to communicate with him and to make pretrial motions are based on matters outside the record and, therefore, may not be considered on this appeal (see, People v Williams, 151 A.D.2d 795, 796, lv denied 76 N.Y.2d 744).
Finally, upon our review of the record, we conclude that the sentence is neither unduly harsh nor excessive.