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THE PEOPLE, ETC., respondent, v. ANDREW MARTIN, appellant. (Ind. No. 1185/95).

DECISION ORDER

ORDERED that the judgment is affirmed.

To the extent that the defendant's claim of ineffective assistance of counsel is premised upon his attorney `s alleged failure to properly advise him with respect to his right to testify at trial, such claim involves matters which are dehors the record and are not properly presented on direct appeal (see, People v. Boyd, 244 A.D.2d 497 ; People v. Lebrun, 234 A.D.2d 392 ; People v. Simon, 196 A.D.2d 851, 852 ; People v. Bagarozy, 182 A.D.2d 565, 566 ; People v. Clark, 175 A.D.2d 212 ; People v. Williams, 145 A.D.2d 672, 673 ). The claim is otherwise without merit as the record establishes that trial counsel rendered meaningful representation to the defendant at all stages of the proceedings (see, People v. Ellis, 81 N.Y.2d 854, 856 ;People v. Baldi, 54 N.Y.2d 137, 147 ; People v. Boyd, supra).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85 ).

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PEOPLE v. MARTIN
(Apr 3, 2000)