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People v. Oliviera

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1990
168 A.D.2d 691 (N.Y. App. Div. 1990)

Opinion

December 31, 1990

Appeal from the Supreme Court, Queens County (O'Brien, J.).


Ordered that the judgment is affirmed.

The defendant contends that she was denied the effective assistance of counsel by her attorney's failure to adequately explain the consequences of rejecting a plea offer. However, since the issue of ineffective assistance of counsel is based on matters dehors the record, it should have been raised in a posttrial application brought pursuant to CPL 440.10 (see, People v. Brown, 45 N.Y.2d 852, 853, 854; People v. Camacho, 154 A.D.2d 611; People v. Hamlin, 153 A.D.2d 644, 645).

The defendant's other contentions are either without merit or not preserved for appellate review, and we decline to review them in the exercise of our interest of justice jurisdiction. Bracken, J.P., Kooper, Miller and Ritter, JJ., concur.


Summaries of

People v. Oliviera

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1990
168 A.D.2d 691 (N.Y. App. Div. 1990)
Case details for

People v. Oliviera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELITA OLIVIERA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 31, 1990

Citations

168 A.D.2d 691 (N.Y. App. Div. 1990)

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