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THE PEOPLE, ETC., RESPONDENT, v. PERFECTO DELEON, APPELLANT. (IND. NO. 13258/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that he was denied the effective assistance of counsel. However, certain of his claims are based on matters dehors the record and thus are not reviewable on direct appeal (see, People v. Grove, 272 A.D.2d 480). As to the remaining contentions, the record demonstrates that the defendant was afforded meaningful representation (see, People v. Benevento, 91 N.Y.2d 706; People v. Rivera, 71 N.Y.2d 705; People v. Baldi, 54 N.Y.2d 137).

There is also no merit to the defendant's claim that the court's failure to grant a continuance to locate and find witnesses who might be pertinent to his defense deprived him of a fair trial (see, People v. Drummond, 233 A.D.2d 339).

The defendant's remaining contentions are without merit.

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PEOPLE v. DeLEON
(Dec 19, 2000)