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People v. Yagudaev

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 16, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
ALEX YAGUDAEV, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gavrin, J.), rendered April 20, 2009, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., JOSEPH COVELLO, RUTH C. BALKIN and LEONARD B. AUSTIN, JJ.

(Ind. No. 2150/08)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant contends that he was deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712-715; People v Baldi, 54 NY2d 137, 146-147). To the extent that the defendant's claim involves matter dehors the record, it may not be reviewed on direct appeal (see People v Haynes, 39 AD3d 562, 564). To the extent that the claim may be reviewed, defense counsel provided meaningful representation (see People v Ennis, 11 NY3d 403, 415, cert deniedUS, 129 S Ct 2383; People v Gomez, 67 AD3d 927, 927-928; People v Carter, 44 AD3d 677, 679).

The defendant's remaining contentions are unpreserved for appellate review (see CPL 470.05[2]) and, in any event, are without merit.

SKELOS, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

20100216

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