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PEOPLE v. SHARMA

36 A.D.3d 723 (2007)

831 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PRATEEK SHARMA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2007.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of the effective assistance of counsel because his attorney failed to perform the investigation needed to obtain and present evidence that the victim's death was the result of medical malpractice, not the stab wound to his head inflicted by the defendant, is not reviewable on direct appeal because it is based on matter dehors the record (see People v Rivera,

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