PEOPLE v. KLEINHANS

There is no merit to the contentions of defendant that: (1) he was deprived of a fair trial by prosecutorial misconduct; (2) the indictment should have been dismissed as time-barred; (3) the sentence imposed is unduly harsh or severe; and (4) he was denied effective assistance of counsel. We have reviewed the remaining contentions of defendant, including those raised in his pro se supplemental brief, and conclude that they either are based on matters outside the record or are otherwise lacking in merit. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Rape, 2nd Degree.)