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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO REYES, Appellant.

Ordered that the judgment is affirmed.

The defendant contends on this appeal that his trial counsel's failure to challenge his arrest as founded on less than probable cause constituted ineffective assistance of counsel. This claim, however, is based on matters which are dehors the record, and, therefore, are not subject to review on direct appeal (see, People v Ramos, 63 N.Y.2d 640, 643; People v Brown, 45 N.Y.2d 852; People v Candelaria, 139 A.D.2d 752, 753; People v Navedo, 137 A.D.2d 726, lv denied 71 N.Y.2d 1030; People v Ricks, 135 A.D.2d 844, 845).

The defendant's contentions with regard to the propriety of the sentence imposed are unpreserved for appellate review (see, People v Ifill, 108 A.D.2d 202) and, in any event, lack merit. Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.

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PEOPLE v. REYES
(May 15, 1989)