Opinion
April 2, 1992
Appeal from the Supreme Court, New York County (Jerome Marks, J.).
On this record we conclude that defense counsel showed "reasonable competence" (People v Serrano, 163 A.D.2d 66, 67, lv denied 76 N.Y.2d 896). We cannot conclude, as a matter of law, that the absence of objection by defense counsel to certain of the court's charges constitutes ineffective assistance of counsel. Defendant has not made a motion pursuant to CPL 440.10 which would permit inquiry into those specific issues and allow defense counsel an opportunity to rebut defendant's assertions (see, People v Jiggetts, 178 A.D.2d 332).
Concur — Sullivan, J.P., Wallach, Asch, Kassal and Rubin, JJ.