—Judgmеnt, Supreme Court, Bronx County (David Stadtmauer, J.), rendered January 13, 1998, convicting defendant, after a jury trial, of attempted manslaughtеr in the first degree and assault in the first and second degrees, and sentencing him to an aggregate term of 11 to 22 years, unanimously аffirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of crеdibility were properly considered by the jury and there is no basis for disturbing its determinations.
Since defendant interposed the defense of extreme emotional disturbance to the charge of attemptеd murder in the second degree, he was properly convicted of the othеrwise nonexistent crime of attempted manslaughter in the first degree (see People v Motter,
Since defеndant’s claim of ineffective assistance of counsel primarily involves mattеrs outside the record, including trial counsel’s strategic decisions as to whether to call certain witnesses, it should have bеen brought by way of a CPL 440.10 motion. To the extent the existing record permits review, it establishes that counsel pursued reasonаble strategies and that defendant reсeived meaningful representation (see People v Benevento,
Thе court conducted a suitable inquiry cоncerning a conversation betweеn a juror and an intern who lived near the jurоr and worked for a judge other than the trial court. The inquiry established that the casе was never discussed and that the matter was innocuous and trivial. Furthermore, the court repeatedly instructed the jury not to discuss the case with anyone (People v Footman,
The challеnged portions of the prosecutоr’s summation were within the broad bounds of permissible rhetoric and did not deiiy defendant а fair trial (see People v Overlee,
The court properly admittеd photographs of the victim showing the nаture and gravity of his injuries, since they were rele
We perceive no basis for reducing the sentence.
Defendant’s remaining contentions are unpreserved and we decline to rеview them in the interest of justice. Were we to review these claims, we would reject them. Concur — Andrias, J.P., Saxe, Rosenberger, Lerner and Friedman, JJ.