People v. Boyce

Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered April 19, 2010, convicting him of rape in the third degree and forcible touching, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the People violated their disclosure obligations pursuant to Brady v Maryland (373 US 83 [1963]) relies on factual assertions outside of the record and, thus, is not reviewable on direct appeal (see People v Krivoi, 81 AD3d 978, 979 [2011]; People v Helenese, 75 AD3d 653 [2010]; People v Valdes, 66 AD3d 925…