Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered October 26, 2010. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Inasmuch as defendant did not object to the charge conference being held off the record in chambers, his contention that the court erred in failing to record the charge conference stenographically is not preserved for our review (see People v Vasquez, 89 NY2d 521, 534 [1997], cert denied 522 US 846 [1997]; People v Samuels, 291 AD2d 823, 824 [2002], lv denied 98 NY2d 655 [2002]; see generally Judiciary Law § 295). In any event, “defendant failed to show any prejudice he suffered as a result of that conference not being transcribed” (People v Richard, 30 AD3d 750, 754 [2006], lv denied 7 NY3d 869 [2006]; see generally People v Harrison, 85 NY2d 794, 796 [1995]). Moreover, we conclude that any challenge by defendant to the adequacy of the jury charge is not preserved for our review because defendant failed to object to the jury charge as given (see CPL 470.05 [2]; Richard, 30 AD3d at 754-755; see generally People v Robinson, 88 NY2d 1001, 1001-1002 [1996]). To the extent that defendant asserts an ineffective assistance of counsel claim on the ground that defense counsel could have sought certain jury charges, that claim involves matters outside the record on appeal in this case and thus is properly raised by way of a motion pursuant to CPL article 440 (see generally People v Rivera, 71 NY2d 705, 709 [1988]).
We reject defendant’s contention that the evidence is legally insufficient to support the conviction. “It is well settled that, even in circumstantial evidence cases, the standard for appellate review of legal sufficiency issues is whether any valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the [jury] on the basis of the evidence at trial, viewed in the light most favorable to the People” (People v Hines, 97 NY2d 56, 62 [2001], rearg denied 97 NY2d 678 [2001] [internal quotation marks omitted]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Here, “[t]he fact that no one saw defendant fire the shot that killed
Finally, we conclude that the sentence is not unduly harsh or severe.