N.Y. Crim. Proc. Law § 440.10

A CPL 440.10 proceeding is the appropriate forum to review an ineffective-assistance claim in its entirety when resolving it requires matter outside the record.

People v. Young · filed 2012-07-18

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for ... reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a forum for reviewing an ineffective assistance claim in its entirety when the claim cannot be resolved without matter outside the record.

People v. Lynehan · filed 2012-07-05

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a motion to expand the record for an ineffective assistance claim that requires facts outside the existing record.

People v. Espinal · filed 2012-10-04

Defendant’s pro se ineffective assistance of counsel claim would require a CPL 440.10 motion to expand the record (see People v Love, 57 NY2d 998 [1982]).

CPL 440.10 permits a claim to be raised by motion when the direct appeal record does not conclusively establish its merit.

People v. Castor · filed 2012-10-05

We therefore conclude that “the record [on the direct appeal] falls short of establishing conclusively the merit of defendant’s claim,” and thus that claim was properly raised by way of a motion pursuant to CPL 440.10 (People v McLean, 15 NY3d 117, 121 [2010]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving the claim requires matter outside the record.

People v. Herrera · filed 2012-10-10

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Thompson · filed 2012-10-10

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matter outside the trial record.

People v. Birot · filed 2012-10-17

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 is the appropriate forum for an ineffective assistance claim that requires consideration of matters outside the appellate record.

People v. Drammeh · filed 2012-11-07

However, since the record does not conclusively demonstrate that the defendant’s attorney failed to inform him of the immigration consequences of his plea, the defendant’s claim cannot be resolved without reference to matters outside the record. Accordingly, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant’s ineffective assistance of counsel claim in its entirety (see People v Salmon, 97 AD3d 608, 609 [2012]; see also People v Haffiz, 19 NY3d 883, 885 [2012]; People v Crooks, 98 AD3d 630 [2012]; People v Miller, 97 AD3d 607, 608 [2012]; People v Peque, 88 AD3d 1024, 1025 [2011], lv granted 19 NY3d 976 [2012]; People v Griffith, 78 AD3d 1194, 1196 [2010]).

Section 440.10 provides the motion procedure for raising an ineffective-assistance claim based on matters outside the appellate record.

People v. Gaston · filed 2012-11-09

Defendant’s contention that defense counsel was ineffective in failing to inform him in a timely manner of his right to appear and testify before the grand jury is based on matters outside the record and thus must be raised by way of a motion pursuant to CPL 440.10 (see People v Bryant, 1 AD3d 966, 966 [2003]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim requires matter outside the trial record.

People v. Joseph · filed 2012-07-25

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim that depends in part on matters outside the trial record.

People v. Abodalo · filed 2012-11-07

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Jackson, 97 AD3d at 694; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective-assistance claim that cannot be resolved without matter outside the record.

People v. Gordon · filed 2012-11-14

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 is the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Posner · filed 2012-11-14

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety.

CPL 440.10 provides the appropriate forum for reviewing claims based on matters outside the appellate record.

People v. Watts · filed 2012-11-21

A CPL 440.10 proceeding is the appropriate forum for reviewing these claims (see e.g. People v Freeman, 93 AD3d 805, 806 [2012]).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matter outside the trial record.

People v. Romero · filed 2012-12-12

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum to review an ineffective assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Candelaria · filed 2012-12-26

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 is the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matters outside the record.

People v. Devodier · filed 2013-01-23

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective assistance claim in its entirety when resolving it requires matters outside the record.

People v. Brown · filed 2013-01-30

a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that requires evidence outside the record.

People v. Fakhoury · filed 2013-02-06

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the procedural vehicle for raising an ineffective-assistance claim based on matters outside the record on appeal.

WITTMAN, JOHN J., PEOPLE v · filed 2013-02-08

Defendant’s contention that he was deprived of effective assistance of counsel by defense counsel’s failure to call certain persons as alibi witnesses is based on matters outside the record on appeal, and thus the proper procedural vehicle for raising that contention is by way of a motion pursuant to CPL 440.10 (see People v King, 90 AD3d 1533, 1534, lv denied 18 NY3d 959; People v Watson, 269 AD2d 755, 756, lv denied 95 NY2d 806).

Section 440.10 provides the appropriate forum to review an ineffective-assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Zappulla · filed 2013-02-13

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a motion to develop ineffective-assistance claims that the direct-appeal record does not sufficiently explain.

People v. Vazquez · filed 2013-02-14

Although there were postverdict proceedings having some bearing on the ineffective assistance claims, those proceedings did not shed sufficient light to obviate the need for a CPL 440.10 motion.

Section 440.10 provides the proper motion for an ineffective-assistance claim based entirely on matters outside the direct-appeal record, allowing a record focused on that claim to be developed.

People v. Surowka · filed 2013-02-21

Given that this claim is based exclusively on matters outside the record on appeal, the appropriate vehicle in which to raise it is a CPL 440.10 motion wherein a record focused on this issue may be developed (see People v Haffiz, 19 NY3d 883, 885 [2012]; People v Wimberly, 86 AD3d 651, 652 [2011]).

Section 440.10 provides a motion for claims based on evidence outside the appellate record, such as an undisclosed police video.

People v. Kulk · filed 2013-02-28

This second video, which the People claim is not exculpatory, has now been delivered to defendant’s appellate counsel and to this Court; however, as it is not part of the record, we cannot address its substance on this appeal. Defendant’s claims in this respect would more appropriately be raised in a motion pursuant to CPL article 440 (see CPL 440.10; People v Bianca, 91 AD3d 1127, 1130 [2012], lv denied 19 NY3d 862 [2012]).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective assistance claim that requires evidence outside the trial record.

People v. Reddick · filed 2013-03-06

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 is the appropriate forum for reviewing an ineffective-assistance claim in full when resolving it requires matter outside the record.

People v. Thomas · filed 2013-03-06

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Jackson, 97 AD3d at 694; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a motion to vacate judgment as the forum for reviewing claims that require facts outside the trial record.

People v. Craft · filed 2013-03-13

These claims may properly be reviewed only in the context of a motion to vacate the judgment of conviction pursuant to CPL 440.10, which is designed for the purpose of developing matter dehors the trial record (see People v Franklin, 77 AD3d 676 [2010]; People v Johnson, 64 AD3d 792 [2009]; People v Ransome, 207 AD2d 504 [1994]).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that requires consideration of matters outside the trial record.

People v. Morillo · filed 2013-03-13

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Barrett · filed 2013-04-10

Since the defendant’s claim of ineffective assistance, to the extent that it has not been forfeited by his plea of guilty, cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective assistance claim that cannot be resolved without matter outside the record.

People v. Jones · filed 2013-04-24

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matter outside the record.

People v. Crawford · filed 2013-05-08

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v McClurkin, 96 AD3d at 785; see generally People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that cannot be resolved without facts outside the appellate record.

People v. Richardson · filed 2013-05-22

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires evidence outside the trial record.

People v. Addison · filed 2013-06-05

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides the motion procedure for an ineffective-assistance claim based on matters outside the appellate record.

ROMAN, WALTER, PEOPLE v · filed 2013-06-07

Defendant’s contention that he was deprived of effective assistance of counsel by defense counsel’s failure to call unspecified exculpatory witnesses on his behalf or to introduce alleged documentary evidence that would have established his innocence is based on matters outside the record on appeal and therefore must be raised by way of a motion pursuant to CPL 440.10 (see People v Wittman, 103 AD3d 1206, 1206-1207; People v King, 90 AD3d 1533, 1534, lv denied 18 NY3d 959).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving the claim requires matter outside the record.

People v. Bentil · filed 2013-06-26

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1009; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the motion procedure for raising an ineffective-assistance claim based on matters outside the record on appeal.

SCOTT, RICKIE R., PEOPLE v · filed 2013-06-28

Defendant’s contention in his main and pro se supplemental briefs that he was deprived of effective assistance of counsel based on defense counsel’s failure to call a certain person as an alibi witness is based on matters outside the record on appeal, “and thus the proper procedural vehicle for raising that contention is by way of a motion pursuant to CPL 440.10” (People v Wittman, 103 AD3d 1206, 1206, lv denied 21 NY3d 915; see People v King, 90 AD3d 1533, 1534, lv denied 18 NY3d 959).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim that depends on facts outside the trial record.

People v. Washington · filed 2013-07-03

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 permits consideration of ineffective-assistance claims based on facts outside the record.

People v. Blackwood · filed 2013-07-17

“ ‘The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the . . . record is pursuant to CPL 440.10, where matters dehors the record may be considered’ ” (People v Rohlehr, 87 AD3d at 604, quoting People v Miller, 68 AD3d at 1135).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim requires matter outside the trial record.

People v. Washington · filed 2013-07-31

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim that requires evidence outside the record.

People v. Lopez · filed 2013-09-25

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]).

Section 440.10 provides the procedural vehicle for raising an ineffective-assistance claim based on matters outside the record on appeal.

KAMINSKI, STANLEY A., PEOPLE v · filed 2013-09-27

Defendant’s contention that he was deprived of effective assistance of counsel based on defense counsel’s failure to call a certain witness to testify at trial or to seek an adjournment in order to call that witness at trial is based on matters outside the record on appeal, and thus the proper procedural vehicle for raising that contention is by way of a motion pursuant to CPL 440.10 (see People v Wittman, 103 AD3d 1206, 1206-1207, lv denied 21 NY3d 915; People v King, 90 AD3d 1533, 1534, lv denied 18 NY3d 959).

Section 440.10 permits a motion to vacate judgment when facts needed to review the claim do not appear in the direct appeal record.

People v. Bonilla · filed 2013-09-30(2)(a)-(c)

A motion to vacate judgment is not a substitute for a direct appeal and is only available where sufficient facts do not appear on the record to permit review on direct appeal (see People v Cooks, 67 NY2d 100, 103-104 [1986]; CPL 440.10 [2] [a], [b], [c]; see also People v Wells, 288 AD2d 408, 409 [2d Dept 2001]; People v Fontana, 267 AD2d 398, 399 [2d Dept 1999]).

Section 440.10 permits a court to consider an ineffective-assistance claim based on facts outside the record on direct appeal.

People v. Folger · filed 2013-10-02

The defendant’s pro se contention that he was deprived of the constitutional right to the effective assistance of counsel is based on matters outside the record, and thus it cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]). “ ‘The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the . . . record is pursuant to CPL 440.10, where matters dehors the record may be considered’ ” (People v Rohlehr, 87 AD3d at 604, quoting People v Miller, 68 AD3d at 1135).

Section 440.10 provides the forum for reviewing an ineffective-assistance claim in its entirety when the claim requires consideration of matters outside the trial record.

People v. Williams · filed 2013-10-02

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires evidence outside the trial record.

People v. Breazil · filed 2013-10-16

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a forum to review an ineffective assistance claim in its entirety when the claim depends partly on matters outside the record.

People v. Hernandez · filed 2013-10-16

Since it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that requires consideration of matters outside the trial record.

People v. Barton · filed 2013-10-30

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate ... forum for reviewing the claim in its entirety (see People v Thomas, 104 AD3d 710, 711 [2013]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

CPL 440.10 is the appropriate forum for reviewing an ineffective assistance claim in its entirety when resolving it requires matters outside the record.

People v. Gaines · filed 2013-10-30

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Haynes, 70 AD3d 718 [2010]; People v Moran, 57 AD3d 1010 [2008]).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim requires matter outside the record.

People v. Sewell · filed 2013-10-30

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 is the proper vehicle for claims based on matters outside the record on direct appeal.

SHELTON, CHARLES, PEOPLE v · filed 2013-11-08

Thus, “to the extent that [a defendant’s motion] concerns matters outside the record on appeal, the proper procedural vehicle is a motion pursuant to CPL 440.10” (Hardy, 49 AD3d at 1233; see Griffin, 48 AD3d at 1236).

Section 440.10 provides the postjudgment motion for an ineffective assistance claim based on counsel’s advice or other facts outside the direct appeal record.

People v. Peque · filed 2013-11-19

Where a defendant’s complaint about counsel is predicated on factors such as counsel’s strategy, advice or preparation that do not appear on the face of the record, the defendant must raise his or her claim via a CPL 440.10 motion (see People v Denny, 95 NY2d 921, 923 [2000]; People v Love, 57 NY2d 998, 1000 [1982]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Salgado · filed 2013-11-20

Since the defendant’s mixed claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing this claim in its entirety (see People v Evans, 16 NY3d 571, 575 n 2 [2011]; People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d 1108 [2011]).

Section 440.10 permits review of claims based on facts outside the record.

People v. Fate · filed 2013-11-27

“ ‘The appropriate vehicle’ ” for reviewing claims “ ‘referring to facts outside of the . . . record is pursuant to CPL 440.10, where matters dehors the record may be considered’ ” (People v Rohlehr, 87 AD3d at 604, quoting People v Miller, 68 AD3d at 1135).

CPL 440.10 provides a motion for raising ineffective assistance claims that depend on matters not fully explained by the trial record.

People v. Acevedo · filed 2013-12-05

Defendant’s ineffective assistance of counsel claims regarding counsel’s failure to preserve these issues are unreviewable on direct appeal because they involve matters not fully explained by the record (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

Section 440.10 provides a motion remedy for an ineffective-assistance claim that relies on matters outside the appellate record.

GOLEY, KRISTA M., PEOPLE v · filed 2014-01-03

To the extent that defendant relies on matters outside the ... record on appeal in support of her contention, her remedy is by way of a CPL 440.10 motion (see People v Cobb, 72 AD3d 1565, 1567, lv denied 15 NY3d 803; People v Shorter, 305 AD2d 1070, 1071, lv denied 100 NY2d 566).

Section 440.10 provides a motion procedure for an ineffective-assistance claim that relies on matters outside the appellate record.

People v. Goley · filed 2014-01-03

To the extent that defendant relies on matters outside the record on appeal in support of her contention, her remedy is by way of a CPL 440.10 motion (see People v Cobb, 72 AD3d 1565, 1567 [2010], lv denied 15 NY3d 803 [2010]; People v Shorter, 305 AD2d 1070, 1071 [2003], lv denied 100 NY2d 566 [2003]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires consideration of matter outside the record.

People v. Ortega · filed 2014-01-22

Since the defendant’s claim of ineffective assistance, to the extent that it has not been forfeited by his plea of guilty, cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Edmunson, 109 AD3d at 623; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

CPL 440.10 provides a forum for reviewing an ineffective-assistance claim that cannot be resolved without considering matters outside the record.

People v. Ross · filed 2014-01-29

Since the defendant’s claim of ineffective assistance, to the extent that it has not been forfeited by his plea of guilty, cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Edmunson, 109 AD3d at 623; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires matter outside the record.

People v. Murphy · filed 2014-02-05

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Crawford, 106 AD3d at 834; People v McClurkin, 96 AD3d at 785).

CPL 440.10 provides the appropriate forum to review an ineffective-assistance claim in its entirety when the claim requires consideration of matter outside the record.

People v. Gomez · filed 2014-02-05

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]).

CPL 440.10 permits a defendant to raise an ineffective-assistance claim based on facts outside the trial record.

People v. Sivels · filed 2014-02-05

“The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the . . . record is pursuant to CPL 440.10, where matters dehors the record may be considered”

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim cannot be resolved without facts outside the record.

People v. Tarrant · filed 2014-02-05

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Taylor, 98 AD3d 593, 594 [2012]; People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109).

CPL 440.10 provides a way to raise an ineffective-assistance claim that depends on matters outside the direct-appeal record.

BAKERX, ROBERT, PEOPLE v · filed 2014-02-14

Defendant’s further contention that defense counsel was ineffective in failing to pursue that theory of suppression also involves matters outside the record on appeal and thus is properly raised by way of a CPL 440.10 motion (see People v Rivera, 71 NY2d 705, 709).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim requires evidence outside the trial record.

People v. Leach · filed 2014-03-05

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in ... its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the motion procedure for raising claims involving matters outside the record on appeal.

BISHOP, LANCE R., PEOPLE v · filed 2014-03-21

Furthermore, to the extent that many of his contentions involve matters outside the record on appeal, we note that they must be raised by way of a motion pursuant to CPL 440.10 (see People v Russell, 83 AD3d 1463, 1465, lv denied 17 NY3d 800).

Section 440.10 is the appropriate vehicle for ineffective-assistance claims based on facts outside the direct-appeal record.

People v. Crawford · filed 2014-03-05

The defendant’s claims of ineffective assistance of counsel cannot be reviewed on direct appeal because they are based on matter outside the record on appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]). “ ‘The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the . . . record is pursuant to CPL 440.10, where matters dehors the record may be considered’ ” (People v Rohlehr, 87 AD3d at 604, quoting People v Miller, 68 AD3d at 1135).

Section 440.10 provides a motion procedure for ineffective-assistance claims involving matters outside the trial record; without such a motion, their merits cannot be addressed on direct appeal.

People v. Squire · filed 2014-03-06

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

A CPL 440.10 motion is the procedure for raising an ineffective-assistance claim that depends on matters outside the direct-appeal record.

People v. Diaz · filed 2014-03-11

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claim may not be addressed on appeal.

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matter outside the record.

People v. Bennett · filed 2014-03-26

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires consideration of matters outside the record.

People v. King · filed 2014-03-26

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a way to raise ineffective-assistance claims involving matters outside the record on appeal.

REED, EDWARD, PEOPLE v · filed 2014-03-28

Defendant’s remaining contentions concerning ineffective assistance of counsel “involve[] matters outside the record on appeal, and thus the proper procedural vehicle for raising [those contentions] is by way of a motion pursuant to CPL 440.10” (People v Wilson, 49 AD3d 1224, 1225, lv denied 10 NY3d 966; see People v Hall, 50 AD3d 1467, 1469, lv denied 11 NY3d 789).

CPL 440.10 provides the appropriate forum to review an ineffective assistance claim in its entirety when the claim cannot be resolved without matters outside the trial record.

People v. Byrd · filed 2014-04-16

Because the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matters outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim that requires material outside the trial record.

People v. Izurieta · filed 2014-04-16

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim that partly depends on matters outside the trial record.

People v. Santos · filed 2014-03-26

The defendant’s contention, raised in point IV of his pro se supplemental brief, that he was deprived of the effective assistance of counsel, is partly based on matters outside the record and cannot be resolved without reference to such matters; thus, a CPL 440.10 proceeding is the appropriate forum for reviewing this claim (see People v Maxwell, 89 AD3d 1108, 1109 [2011]).

Section 440.10 provides the forum for reviewing an ineffective-assistance claim in its entirety when the claim requires matter outside the direct-appeal record.

People v. Thorne · filed 2014-04-23

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides a way to seek review of an ineffective-assistance claim that requires evidence outside the record.

People v. Brown · filed 2014-04-30

The defendant’s claim of ineffective assistance of counsel with respect to the plea negotiation is based, in part, upon matter outside the record and cannot be resolved without reference to matter outside the record. Therefore, the appropriate vehicle for review of this claim is a motion pursuant to CPL 440.10 (see People v Maxwell, 89 AD3d 1108, 1109 [2011]).

Section 440.10 provides the motion procedure for ineffective-assistance claims based on facts outside the appellate record.

RILEY, ADRIAN, PEOPLE v · filed 2014-05-02

Defendant’s contentions regarding defense counsel’s failure to conduct a proper investigation are based on information outside the record on appeal and must be raised by way of a motion pursuant to CPL 440.10 (see People v Russell, 83 AD3d 1463, 1465, lv denied 17 NY3d 800).

Section 440.10 provides the procedure for raising ineffective-assistance claims involving matters outside the appellate record.

BOSWELL, SR., CHRISTOPHER, PEOPLE v · filed 2014-05-02

To the extent that defendant’s contention involves matters outside the record on appeal, we note that it must be raised by way of a motion pursuant to CPL 440.10 (see People v Russell, 83 AD3d 1463, 1465, lv denied 17 NY3d 800).

Section 440.10 is the procedure for raising ineffective-assistance and due-process claims based on information outside the appellate record.

People v. Sydlar · filed 2014-05-29

To the extent that defendant now asserts that his counsel for this hearing was ineffective and he was deprived of due process, his arguments in this respect are based on information outside the record and, therefore, should be raised in a motion pursuant to CPL 440.10 (see People v Varmette, 70 AD3d 1167, 1172 [2010], lv denied 14 NY3d 845 [2010]; People v Echavarria, 53 AD3d 859, 863-864 [2008], lv denied 11 NY3d 832 [2008]).

Claims of ineffective assistance based on matters outside the appellate record must be raised through a CPL 440.10 motion.

WEAVER, DOUGLAS A., PEOPLE v · filed 2014-06-13

Defendant’s assertions that defense counsel did not adequately investigate and prepare for trial, failed to introduce exculpatory evidence, and failed to communicate with him are largely “based on matters outside the record on appeal and therefore must be raised by way of a motion pursuant to CPL 440.10” (People v Roman, 107 AD3d 1441, 1443, lv denied 21 NY3d 1045).

Section 440.10 provides a motion procedure for ineffective-assistance claims based primarily on matters outside the trial record.

STREETER, PARISH M., PEOPLE v · filed 2014-06-13

That contention is based primarily on matters outside the record and must be raised pursuant to a CPL 440.10 motion (see People v Rivera, 71 NY2d 705, 709; People v Merritt, 115 AD3d 1250, 1251).

Section 440.10 provides the procedural vehicle for an ineffective-assistance claim involving facts outside the appellate record.

WILLIAMS, LARRY, PEOPLE v · filed 2014-06-20

That contention “involves matters outside the record on appeal, and thus the proper procedural vehicle for raising [it] is by way of a motion pursuant to CPL 440.10” (People v Wilson, 49 AD3d 1224, 1225, lv denied 10 NY3d 966; see People v Johnson, 81 AD3d 1428, 1428, lv denied 16 NY3d 896; People v Cobb, 72 AD3d 1565, 1567, lv denied 15 NY3d 803).

Section 440.10 provides the proper motion for raising ineffective assistance claims based on matters outside the appellate record.

ROSS, DANIEL, PEOPLE v · filed 2014-06-20

Third, defendant’s assertion that defense counsel failed to join in the codefendant’s discovery motion and failed to advise defendant of the ramifications of rejecting the People’s plea offer, involve matters outside the record on appeal, and “the proper procedural vehicle for raising those contentions is a motion pursuant to CPL 440.10” (People v Archie, 78 AD3d 1560, 1562, lv denied 16 NY3d 856).

CPL 440.10 provides a way to raise ineffective assistance claims that depend on matters outside the direct appeal record.

People v. Rivera · filed 2014-06-24

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

A CPL 440.10 motion is required to address an ineffective-assistance claim involving counsel’s strategy outside the trial record.

People v. Palaguachi · filed 2014-07-10

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claim may not be addressed on appeal.

CPL 440.10 provides the appropriate forum for reviewing an ineffective assistance claim in its entirety when resolving it requires matters outside the trial record.

People v. Ross · filed 2014-07-30

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see ... People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

A mixed ineffective-assistance claim that depends partly on facts outside the record is not procedurally barred from review in a CPL 440.10 proceeding.

People v. Cunningham · filed 2014-07-02(2)(b)

“some of the defendant’s allegations of ineffectiveness involve matters appearing on the record, while others involve matters that are outside the record, the defendant has presented a ‘mixed claim[ ]’ of ineffective assistance. In order to properly review a defendant’s claim of ineffective assistance, a court must consider all of his or her allegations — as well as the evidence, the law, and the circumstances of the case — ‘in totality.’ Thus, where, as here, a defendant presents a mixed claim of ineffective assistance that depends, in part, upon matters that do not appear on the record, it cannot be said that ‘sufficient facts appear on the record with respect to the ground or issue raised upon the motion to permit adequate review thereof upon such an appeal’ (CPL 440.10 [2] [b]). Therefore, such a mixed claim, presented in a CPL 440.10 motion, is not procedurally barred, and the CPL 440.10 proceeding is the appropriate forum for reviewing the claim of ineffectiveness in its entirety”

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim cannot be resolved without evidence outside the record.

People v. Mallayev · filed 2014-09-17

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 is the procedure for raising ineffective assistance claims that depend on matters outside the record on direct appeal.

BROWN, ERNEST, PEOPLE v · filed 2014-09-26

To the extent that the contentions in the pro se supplemental brief involve matters outside the record on appeal, those contentions must be raised by way of a motion pursuant to CPL 440.10 (see People v Reed, 115 AD3d 1334, 1337, lv denied ___ NY3d ___ [June 25, 2014]).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective-assistance claim that requires consideration of matter outside the record.

People v. Dorvilier · filed 2014-11-05

Since the defendants’ claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides the forum for reviewing an ineffective-assistance claim that requires facts outside the appellate record.

People v. Haywood · filed 2014-11-12

Inasmuch as the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing this claim in its entirety (see People v Crawford, 106 AD3d at 834; People v McClurkin, 96 AD3d at 785).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that cannot be resolved without evidence outside the record.

People v. Dorcinvil · filed 2014-11-19

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see id. at 732).

Section 440.10 provides a motion procedure for raising ineffective-assistance claims that depend on matters outside the appellate record.

WOOLSON, SKIPPY B., PEOPLE v · filed 2014-11-21

Defendant’s remaining claims concerning ineffective assistance of counsel “involve[] matters outside the record on appeal, and thus the proper procedural vehicle for raising [those] claim[s] is by way of a motion pursuant to CPL 440.10” (People v Wilson, 49 AD3d 1224, 1225, lv denied 10 NY3d 966; see People v Hall, 50 AD3d 1467, 1469, lv denied 11 NY3d 789).

CPL 440.10 is the appropriate forum for reviewing an ineffective assistance claim that requires consideration of matters outside the trial record.

People v. Granger · filed 2014-11-26

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

A CPL 440.10 motion raising record-based evidentiary issues is procedurally defective.

People v. Wilson · filed 2014-12-30

The court properly denied defendant’s CPL 440.10 motion, which raised record-based evidentiary issues, as procedurally defective.

Section 440.10 is the procedure for raising ineffective assistance of counsel claims involving matters outside the record on appeal.

FOX, JAVELL, PEOPLE v · filed 2015-01-02

To the extent that defendant’s claims of ineffective assistance of counsel “involve matters outside the record on appeal . . . [they] must be raised by way of a motion pursuant to CPL 440.10” (People v Brown, 120 AD3d 1545, 1546; see People v Reed, 115 AD3d 1334, 1337, lv denied 23 NY3d 1024).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim requires consideration of matters outside the record.

People v. Lincoln · filed 2015-01-21

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

CPL 440.10 provides a motion procedure for ineffective-assistance claims that depend on matters outside the record and cannot be addressed on direct appeal.

People v. McCummings · filed 2015-01-22

Defendant's argument that his counsel rendered ineffective assistance by failing to raise a Fourth Amendment claim may not be addressed on direct appeal because it involves matters outside the record requiring a CPL 440.10 motion.

CPL 440.10 is the procedure for raising an ineffective-assistance claim based on counsel’s advice or other facts outside the record.

People v. Martial · filed 2015-02-04

Where a defendant’s complaint about counsel is predicated on factors such as counsel’s strategy, advice, or preparation, that do not appear on the face of the record, the defendant’s claim must be raised by way of a CPL 440.10 motion (see People v Peque, 22 NY3d at 202; People v Rodriguez, 115 AD3d 884 [2014]).

Section 440.10 provides the procedural vehicle for raising ineffective-assistance claims that depend on matters outside the appellate record.

JEFFERSON, DONNELL, PEOPLE v · filed 2015-02-13

To the extent that defendant’s contention “involve[s] matters outside the record on appeal, . . . the proper procedural vehicle for raising [that] contention[] is a motion pursuant to CPL 440.10” (People v Archie, 78 AD3d 1560, 1562, lv denied 16 NY3d 856).

Section 440.10 provides a procedure for raising ineffective-assistance claims that depend on matters outside the record on direct appeal.

GRAHAM, JR., LEEVARN, PEOPLE v · filed 2015-02-13

Initially, we note that the majority of defendant’s contentions “involve[] matters outside the record on appeal, and thus the proper procedural vehicle for raising [those contentions] is by way of a motion pursuant to CPL 440.10” (People v Wilson, 49 AD3d 1224, 1225, lv denied 10 NY3d 966; see People v Russell, 83 AD3d 1463, 1465, lv denied 17 NY3d 800).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that requires consideration of matters outside the trial record.

People v. Coleman · filed 2015-02-18

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; ... People v Maxwell, 89 AD3d at 1109).

Section 440.10 is the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matter outside the trial record.

People v. Jackson · filed 2015-02-25

“Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety”

A CPL 440.10 motion is needed to obtain review of ineffective-assistance claims that depend on matters outside the direct-appeal record.

People v. Ramos · filed 2015-02-26

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

A CPL 440.10 motion is needed to pursue ineffective assistance claims that depend on matters outside the record on direct appeal.

People v. Leach · filed 2015-02-26

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

Section 440.10 provides the motion procedure for ineffective assistance claims that depend on facts outside the direct appeal record.

People v. Poirier · filed 2015-03-03

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

Section 440.10 provides the appropriate forum to review an ineffective-assistance claim that cannot be resolved without facts outside the trial record.

People v. Stokes · filed 2015-03-25

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Granger, 122 AD3d 940, 942 [2014]; People v Freeman, 93 AD3d 805, 806 [2012]).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective assistance claim that cannot be resolved without matters outside the record.

People v. Shaw · filed 2015-03-25

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 permits a motion to raise claims based on information outside the plea record that could not have been raised on direct appeal.

People v. Rouse · filed 2015-03-26(2)(c)

Initially, we find that defendant's contentions "were properly raised in a CPL 440.10 motion because they rely on information outside the record of the plea proceedings and therefore could not have been raised on direct appeal" (People v Reynoso, 88 AD3d 1162, 1163 [2011]; compare CPL 440.10 [2] [c]).

Section 440.10 is the proper procedure for raising an ineffective-assistance claim that depends on matters outside the appellate record.

ANNIS, CHRISTOPHER P., PEOPLE v · filed 2015-03-27

To the extent that defendant’s contention “involve[s] matters outside the record on appeal, . . . the proper procedural vehicle for raising [that] contention[] is a motion pursuant to CPL 440.10” (People v Archie, 78 AD3d 1560, 1562, lv denied 16 NY3d 856).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that cannot be resolved without matters outside the record.

People v. Browder · filed 2015-04-01

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Taylor, 98 AD3d at 594; People v Delancey, 94 AD3d 1015 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a motion procedure for ineffective assistance claims that depend on matters outside the direct appeal record.

People v. Galarza · filed 2015-04-02

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

Section 440.10 provides a motion procedure for ineffective-assistance claims based on matters outside the record.

NORMAN, MARCUS A., PEOPLE v · filed 2015-05-01

To the extent that defendant’s contention is based upon matters outside the record, those matters should be addressed by a motion pursuant to CPL 440.10 (see People v Volfson, 69 AD3d 1123, 1125).

Section 440.10 provides a motion procedure for ineffective-assistance claims that depend on matters outside the appellate record.

MANGIARELLA, ANTHONY J., PEOPLE v · filed 2015-05-01

Although that contention survives defendant’s guilty plea inasmuch as he contends that his plea was infected by the alleged ineffective assistance (see People v Peterson, 56 AD3d 1230, 1230), it involves matters outside the record on appeal, including “attorney-client consultations and the attorney’s plea-bargaining strategy” (People v Harmon, 50 AD3d 318, 319, lv denied 10 NY3d 935), and thus is properly raised by way of a motion pursuant to CPL 440.10 (see People v Manor, 121 AD3d 1581, 1583; People v Flowers, 309 AD2d 1237, 1238, lv denied 1 NY3d 571; People v Bennett, 277 AD2d 1008, 1008, lv denied 96 NY2d 780).

Section 440.10 provides the motion procedure for claims involving matters outside the record on appeal.

BILLINGSLEY, TIGE, PEOPLE v · filed 2015-05-08

Defendant’s remaining contention involves matters that are outside the record on appeal and must be raised by way of a motion pursuant to CPL 440.10 (see People v Fox, 124 AD3d 1252, 1253).

Section 440.10 provides the appropriate forum to review an ineffective-assistance claim in its entirety when the claim depends on matters outside the appellate record.

People v. Dollinger · filed 2015-05-27

Since this claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires evidence outside the record.

People v. DeMicheli · filed 2015-06-03

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a motion procedure for ineffective assistance claims that depend on matters outside the direct appeal record.

People v. Bryan · filed 2015-06-16

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.

Section 440.10 provides a forum for reviewing an ineffective-assistance claim that requires evidence outside the trial record.

People v. Morocho · filed 2015-06-24

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that cannot be resolved without evidence outside the trial record.

People v. Hatcher · filed 2015-07-01

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that depends partly on matters outside the trial record.

People v. Heron · filed 2015-07-08

Accordingly, a CPL 440.10 proceeding is the appropriate forum for reviewing this claim in its entirety (see People v Rivera, 128 AD3d 857 [2015]; People v Verni, 127 AD3d 887 [2015]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matter outside the trial record.

People v. Adamson · filed 2015-08-26

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Dorcinvil, 122 AD3d at 878; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a procedure for raising ineffective-assistance claims based on matters outside the record on appeal.

BLOCKER, MARLO J., PEOPLE v · filed 2015-10-02

Defendant’s contention that counsel was ineffective in failing to move to sever his trial from that of his codefendant is based on matters outside the record on appeal and therefore must be raised in a motion pursuant to CPL 440.10 (see People v Fuentes, 52 AD3d 1297, 1300, lv denied 11 NY3d 736).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires facts outside the record.

People v. Jemmott · filed 2015-10-07

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 is the procedure for raising an ineffective-assistance claim based on matters outside the record.

MEDINA, JUAN C., PEOPLE v · filed 2015-10-09

Inasmuch as that contention is based upon matters outside the record, it must be raised in a motion pursuant to CPL 440.10 (see People v Drammeh, 100 AD3d 650, 651, lv denied 20 NY3d 1098).

Section 440.10 provides a forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires facts outside the record.

People v. Sirico · filed 2015-10-28

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, contrary to the defendant’s contention, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Addison, 107 AD3d at 732; People v Maxwell, 89 AD3d at 1109).

A CPL 440.10 proceeding is the appropriate forum for reviewing an ineffective-assistance claim that requires consideration of matters outside the trial record.

People v. Fields · filed 2015-10-28

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 ... proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]).

CPL 440.10 provides the appropriate forum to review an ineffective assistance claim in its entirety when the claim cannot be resolved without matters outside the record on direct appeal.

People v. Donovan · filed 2015-11-04

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim requires matters outside the record.

People v. Crosby · filed 2015-11-12

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Duren, 130 AD3d 842 [2015]; People v Williams, 120 AD3d 721, 724 [2014]; People v Addison, 107 AD3d 730, 732 [2013]; People v Freeman, 93 AD3d 805, 806 [2012]).

Section 440.10 is the procedure for raising claims of deficient counsel performance that depend on facts outside the record.

RAJAB, RAMADHAN, PEOPLE v · filed 2015-11-13

To the extent that defendant’s contentions involve allegations of deficient performance of counsel that do not appear on the record, they must be raised by way of a motion pursuant to CPL 440.10 (see People v Peque, 22 NY3d 168, 202-203).

CPL 440.10 provides the motion procedure for ineffective-assistance claims involving matters outside, or not fully explained by, the trial record.

People v. Fields · filed 2015-11-24

Defendant’s ineffective assistance of counsel argument involves matters not reflected in, or fully explained by, the record, and thus requires a CPL 440.10 motion.

CPL 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that requires consideration of matters outside the record.

People v. Hodge · filed 2015-11-25

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the forum for reviewing an ineffective-assistance claim in its entirety when the claim requires matter outside the trial record.

People v. Barber · filed 2015-11-25

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a forum to review an ineffective-assistance claim in its entirety when resolving it requires facts outside the record.

People v. Dib · filed 2015-12-02

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

CPL 440.10 provides the forum for reviewing an ineffective assistance claim that requires evidence outside the trial record.

People v. Wesley · filed 2015-12-16

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides the motion procedure for ineffective-assistance claims involving matters outside the trial record.

BROOMFIELD, TIMOTHY D., PEOPLE v · filed 2015-12-23

Defendant’s contention regarding defense counsel’s alleged failure to investigate the reliability of “earwitness” testimony involves matters outside the record and must be raised by way of a motion pursuant to CPL 440.10 (see People v Cobb, 72 AD3d 1565, 1567, lv denied 15 NY3d 803; People v Washington, 39 AD3d 1228, 1230, lv denied 9 NY3d 870).

Section 440.10 provides the motion procedure for raising ineffective-assistance claims that depend on matters outside the appellate record.

COOPER, TERRY, PEOPLE v · filed 2015-12-31

To the extent that defendant’s contention concerning ineffective assistance of counsel involves matters that are outside the record on appeal, they must be raised by way of a motion pursuant to CPL 440.10 (see generally People v Sweet, 98 AD3d 1252, 1253, lv denied 20 NY3d 1015).

Section 440.10 provides the appropriate forum to review an ineffective-assistance claim in its entirety when resolving the claim requires facts outside the record.

People v. Marryshow · filed 2016-01-27

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that requires consideration of matters outside the trial record.

People v. Boyd · filed 2016-02-17

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to ... matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Crosby, 133 AD3d 681 [2015]; People v Donovan, 133 AD3d 615 [2015]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a postconviction motion for an ineffective-assistance claim based on matters outside the trial record.

People v. Farnham · filed 2016-02-25

Inasmuch as defendant's claim in this regard is based upon matters not apparent on the face of the record, this claim is more properly the subject of a postconviction motion (see CPL 440.10; People v Hansen, 95 NY2d 227, 230-231 [2000]; People v Jenkins, 130 AD3d 1091, 1092 [2015]; People v Green, 9 AD3d 687, 688 [2004]).

CPL 440.10 is the proper way to raise a claim that a defendant was penalized for going to trial when the appellate record does not show whether the alleged plea offer was made.

COONEY, ROGER, PEOPLE v · filed 2016-03-25

Defendant further contends that he was penalized for exercising his right to trial when County Court (Castro, A.J.) sentenced him to a harsher sentence than that allegedly offered by the court at the close of the People’s proof. We are unable to review that contention because the record is silent with respect to whether a plea offer was made, and thus it must be raised by way of a motion pursuant to CPL 440.10 (see People v Robinson, 221 AD2d 1029, 1029).

CPL 440.10 provides the procedure for raising a claim that counsel coerced a guilty plea when the claim depends on facts outside the record.

People v. Latson (Walter) · filed 2016-04-13

To the extent defendant claims that counsel coerced him to plead guilty, the claim is dehors the record and must be raised in a motion to vacate the judgment of conviction pursuant to CPL 440.10, rather than on direct appeal ( see People v Wilson , 132 AD3d 786 [2015]; People v Crawford , 115 AD3d 672 , 673 [2014]; People v Folger , 110 AD3d 736 [2013]).

Section 440.10 provides a motion procedure for an ineffective-assistance claim that depends on facts outside the appellate record.

People v. Graham · filed 2016-04-14

As the answers to these factual questions, and others, are outside the record, ... defendant's claim would require a CPL 440.10 motion (see People v Harrison, 304 AD2d 376, 377 [2003], lv denied 100 NY2d 621 [2003]; see also People v Lasher, 74 AD3d 1474, 1475 [2010], lv denied 15 NY3d 894 [2010]; People v McMoore, 203 AD2d 612, 614 [1994], lv denied 86 NY2d 798 [1995], cert denied 516 US 1096 [1996]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim that cannot be resolved without matter outside the record.

People v. Worthy · filed 2016-04-20

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Haywood, 122 AD3d 769, 770 [2014]; People v Crawford, 106 AD3d 832, 834 [2013]).

Section 440.10 provides the forum for reviewing an ineffective-assistance claim in its entirety when resolving it requires matters outside the record.

People v. McKane · filed 2016-04-20

As the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a motion to vacate judgment for claims that require developing facts outside the trial record.

People v. Dixon · filed 2016-04-20

The defendant’s claim in this regard may properly be reviewed only in the context of a motion to vacate the judgment of conviction pursuant to CPL 440.10, which is designed for the purpose of developing matter dehors the record (see People v Craft, 104 AD3d at 788; People v Franklin, 77 AD3d 676 [2010]).

CPL 440.10 provides the appropriate forum for reviewing an ineffective assistance claim that requires consideration of matters outside the trial record.

People v. Guzman · filed 2016-04-27

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Renaud, 137 AD3d 818 [2016]; People v Addison, 107 AD3d 730, 732 [2013]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides the motion procedure for raising ineffective-assistance claims based on matters outside the appellate record.

CLARK, DONALD, PEOPLE v · filed 2016-04-29

To the extent that defendant raises contentions regarding alleged instances constituting ineffective assistance of counsel in his pro se supplemental brief that are outside the record on appeal, those contentions must be raised by way of a motion pursuant to CPL 440.10 (see People v Cooper, 134 AD3d 1583, 1586).

Section 440.10 provides the forum for reviewing an ineffective-assistance claim in its entirety when the claim requires evidence outside the record.

People v. Leverich · filed 2016-05-04

Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides the procedure for raising a claim about trial counsel that requires proof outside the trial record.

CLARK, JAQUAN, PEOPLE v · filed 2016-05-06

To the extent that defendant’s contention “ ‘implicates his relationship with his trial attorney and is to be proved, if at all, by facts outside the trial record,’ ” it must be raised by way of a motion pursuant to CPL 440.10 (Felton, 279 AD2d at 331).