| People v Chalom (Yvonne) |
| 2007 NY Slip Op 50716(U) [15 Misc 3d 133(A)] |
| Decided on April 5, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (A. Kirke Bartley, Jr., J.), rendered November 30, 2005, after a jury trial, convicting her of aggravated harassment in the second degree (32 counts), and imposing sentence.
PER CURIAM
Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered November 30, 2005, affirmed.
The trial court properly admitted an audiotape of messages left by defendant on the complainant's answering machine. Contrary to defendant's contention, the People laid a proper foundation for the admission of this evidence (see People v Ely, 68 NY2d 520, 527 [1986]; People v Bell, 5 AD3D 588 [2004]). Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record concerning trial counsel's strategic decisions (see People v Rivera, 71 NY2d 705, 709 [1988]). On the existing record, and to the extent that it permits review, we find that defendant received effective assistance of counsel under the state and federal standards (see People v Benevento, 91 NY2d 708, 712 [1998]; see also Strickland v Washington, 466 US 688 [1984]).
This Constitutes the Decision and Order of the Court.
Decision Date: April 5, 2007