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People v. Southard

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1990
158 A.D.2d 490 (N.Y. App. Div. 1990)

Opinion

February 5, 1990

Appeal from the County Court, Nassau County (Orenstein, J.).


Ordered that the judgment is affirmed.

The defendant's claim that he was not afforded the effective assistance of counsel is based on matters dehors the record and thus not reviewable on direct appeal (see, People v Walker, 152 A.D.2d 644; People v Bosley, 149 A.D.2d 520; People v Robinson, 122 A.D.2d 173). The appropriate remedy is a post-conviction motion pursuant to CPL 440.10 (see, People v Walker, supra; People v Bosley, supra). Mangano, J.P., Kunzeman, Eiber and Kooper, JJ., concur.


Summaries of

People v. Southard

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1990
158 A.D.2d 490 (N.Y. App. Div. 1990)
Case details for

People v. Southard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SOUTHARD…

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

Date published: Feb 5, 1990

Citations

158 A.D.2d 490 (N.Y. App. Div. 1990)
551 N.Y.S.2d 70

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