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The People, etc., respondent, v. Andre Moore, also known as Andre Coulter, appellant.
Submitted—April 29, 2011
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered October 30, 2007, convicting him of conspiracy in the fourth degree and attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
The defendant's contention that he received ineffective assistance of counsel, insofar as it is based on his former counsel's failure to move to withdraw his guilty plea on the ground of preindictment prosecutorial misconduct, rests on matter dehors the record and is not reviewable on direct appeal (see People v. Drago, 50 AD3d 920; People v. DeLuca, 45 AD3d 777). Insofar as the claim of ineffective assistance of counsel is reviewable on the record before this Court, we find that counsel provided the defendant with meaningful representation (see People v. Ford, 86 N.Y.2d 397, 404; People v. Silent, 37 AD3d 625).
MASTRO, J.P., HALL, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court
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