Opinion
October 24, 1994
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
Viewing the evidence, in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Lewis, 162 A.D.2d 760, 764). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (CPL 470.15).
The defendant's contention that he was denied the effective assistance of trial counsel is based largely upon matters dehors the record which are not reviewable on direct appeal (see, People v. Neal, 205 A.D.2d 711; People v. Yancy, 189 A.D.2d 793, 793-794). To the extent that this contention is reviewable, upon our review of the record and upon the totality of the circumstances, we find that the defendant was afforded meaningful representation (see, People v. Rivera, 71 N.Y.2d 705, 708-709; People v. Baldi, 54 N.Y.2d 137, 147).
Finally, we agree with the trial court that there was no basis for instructing the jury with regard to Vehicle and Traffic Law § 605. Thus, the defendant's request that it be charged was properly denied (see, CPL 300.50, 300.10 Crim. Proc.). Bracken, J.P., Copertino, Joy and Altman, JJ., concur.