PEOPLE v. GOMEZ (1998)

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 8, 1997, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

Defendant's claims that he was denied effective assistance of counsel raises, in large part, issues requiring expansion of the record by means of a post-conviction motion, including matters of strategy and the extent of counsel's preparation of a witness.   Review on this appeal is limited to the trial record (see, People v. Duncan, 187 A.D.2d 399, 590 N.Y.S.2d 709, lv. denied 81 N.Y.2d 970, 598 N.Y.S.2d 771, 615 N.E.2d 228), and based on the existing record we conclude that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).   Defendant has not established that the cumulative effect of counsel's alleged errors was to deprive him of a fair trial (People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;  People v. Hobot, 84 N.Y.2d 1021, 1024, 622 N.Y.S.2d 675, 646 N.E.2d 1102).

Defendant's remaining claims are unpreserved for appellate review and we decline to review them in the interest of justice.   Were we to review these claims, we would find that none of them warrants reversal.

MEMORANDUM DECISION.