Appellate Division of the Supreme Court of New York, 1999

People v. Accove

People v. Accove
Appellate Division of the Supreme Court of New York · Decided September 23, 1999
264 A.D.2d 643; 696 N.Y.S.2d 402; 1999 N.Y. App. Div. LEXIS 9292
People v. Accove

Opinion of the Court

Judgment, Supreme Court, Bronx County (George Covington, J.), rendered on or about April 28, 1997, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 7V2 to 15 years, unanimously affirmed.

Defendant’s ineffective assistance of counsel claim would require a CPL 440.10 motion in order to develop the record as to matters of strategy and the availability of a potential medical expert witness. On the existing record, we find that defendant received meaningful representation (see, People v Ben*644evento, 91 NY2d 708; People v Hall, 168 AD2d 310, 311, lv denied 77 NY2d 906).

We have considered and rejected defendant’s remaining claims. Concur — Rubin, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

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