PEOPLE v. BOYD (1997)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered July 2, 1990, convicting him of attempted murder in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant failed to preserve for appellate review his contention that his arrest was not based upon probable cause because the reliability of the confidential informant was not proven at the suppression hearing (see, CPL § 470.05[2];  People v. Volpe, 60 N.Y.2d 803, 804-805, 469 N.Y.S.2d 688, 457 N.E.2d 794;  People v. Jones, 81 A.D.2d 22, 29, 440 N.Y.S.2d 248;  see also, People v. Brown, 232 A.D.2d 168, 647 N.Y.S.2d 749;  People v. Howard, 162 A.D.2d 408, 409, 557 N.Y.S.2d 61).   In any event, the defendant's contention is without merit.   Probable cause for the defendant's arrest was established by the photographic identification of him by the complainant as well as the statements of the informant (see, People v. Nixon, 240 A.D.2d 764, 660 N.Y.S.2d 1006;  People v. Hayes, 191 A.D.2d 644, 644-645, 595 N.Y.S.2d 239;  People v. Mitchell, 170 A.D.2d 542, 566 N.Y.S.2d 321;  People v. Green, 157 A.D.2d 745, 746, 550 N.Y.S.2d 41).

 The defendant's claim of ineffective assistance of counsel, to the extent that it is premised on his attorney's alleged failure to investigate and call potential alibi witnesses, involves matters which are dehors the record and are not properly presented on direct appeal (see, e.g., People v. Lebrun, 234 A.D.2d 392, 651 N.Y.S.2d 544;  People v. Simon, 196 A.D.2d 851, 852, 602 N.Y.S.2d 29;  People v. Bagarozy, 182 A.D.2d 565, 566, 582 N.Y.S.2d 424;  People v. Clark, 175 A.D.2d 212, 573 N.Y.S.2d 906;  People v. Williams, 145 A.D.2d 672, 673, 536 N.Y.S.2d 994).   The record otherwise fails to support the defendant's claim inasmuch as it demonstrates that trial counsel rendered meaningful representation to the defendant at all stages of the proceedings (see, People v. Ellis, 81 N.Y.2d 854, 856, 597 N.Y.S.2d 623, 613 N.E.2d 529;  People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

 The trial court properly denied the defendant's motion to set aside the verdict pursuant to CPL § 330.30.   To the extent that the defendant's motion sought reversal on “a ground appearing in the record” (CPL § 330.30 [1] ), the court properly denied the motion on the ground that the moving papers were legally insufficient (see, CPL § 330.40[2][e][i] ).   To the extent that the motion referred to matters outside the record, it is not cognizable on direct appeal.

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.