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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA GRANBY, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that he was denied his right to the effective assistance of counsel rests on matter partially dehors the record and to that extent it may not be reviewed on direct appeal ( see People v Gonzalez, 44 AD3d 871, lv denied 9 NY3d 1006; People v Bolden, 44 AD3d 784). To the extent that the claim is based upon the record, it is without merit ( see Strickland v Washington, 466 US 668, 687; People v Baldi, 54 NY2d 137).

The defendant's remaining contention is without merit.

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PEOPLE v. GRANBY
(Apr 15, 2008)