People v Harding, 2011 NY Slip Op 08985 [90 AD3d 491]

Dcmbr 13, 2011

Appellate Division, First Department

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Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Eric Harding, appellant pro se.

Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), for respondent.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered June 8, 2008, convicting defendant, upon his plea of guilty, of robbery in the first degree and assault in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 13 years, unanimously affirmed.

Defendant’s pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they primarily involve matters outside the record. On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards ( see People v Ford , 86 NY2d 397, 404 [1995]; see also Strickland v Washington , 466 US 668 [1984]). Defendant’s other pro se claims are without merit.

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Andrias, Renwick, Freedman and Manzanet-Daniels, JJ..