N.Y. Crim. Proc. Law § 440.10

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

People v. Baker · filed 2016-05-25

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 Marryshow, 135 AD3d 964, 965 [2016]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 permits a motion to vacate judgment to address claims based on evidence outside the direct appeal record.

People v. Frazier · filed 2016-06-15

The proper vehicle for addressing these claims is a CPL 440.10 motion, upon which matter outside the record can be considered (see id. at 604).

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

People v. Katavic (Mate) · filed 2016-06-20

The proper procedural vehicle for raising those contentions is by way of motion pursuant to CPL 440.10 ( see People v Baher , 308 AD2d 365 [2003], lv denied 2 NY3d 737 [2004]). Since defendant has not made a CPL 440.10 motion, the merits of these claims may not be addressed on appeal ( see People v Archer , 137 AD3d at 499).

CPL 440.10 permits an ineffective-assistance claim that depends partly on matters outside the record to be raised by motion.

People v. Moore · filed 2016-07-13

Since the defendant’s claim that he was deprived of the effective assistance of counsel involves a mixed claim that depends, in part, upon matter that would not appear on the record had there been a direct appeal from the judgment, his claims were properly presented in a motion pursuant to CPL 440.10 (see People v Maxwell, 89 AD3d 1108, 1109 [2011]).

Section 440.10 permits review of ineffective-assistance claims involving counsel’s strategy or other matters outside the record.

People v. Bosticco (Paul) · filed 2016-07-26

However, as defendant made no motion to challenge the quality of trial counsel's representation ( see CPL 440.10; People v Rivera , 71 NY2d 705, 709 [1988]), which would permit review of counsel's trial strategy and other matters that are dehors the record ( People v Brown , 45 NY2d 852, 853-854 [1978]; People v McNair , 114 AD3d 881 [2014]), we [*3] are "limited to the narrow scope of review permitted by the existing record" ( People v Bradley , 48 Misc 3d 46 , 50 [App Term, 2d Dept, 9th & 10th Jud Dists 2015]; see e.g. People v Troche , 81 AD3d 990 , 991 [2011]; People v Lopez , 2 AD3d 234 [2003]).

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

People v. Ockrey · filed 2016-08-03

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 Guzman, 138 AD3d 1140 [2016]; People v Renaud, 137 AD3d 818, 820-821 [2016]; People v Addison, 107 AD3d at 732; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

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

People v. Campbell · filed 2016-08-17

... a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety (see People v Renaud, 137 AD3d 818, 821 [2016]; People v Addison, 107 AD3d 730, 732 [2013]; People v Maxwell, 89 AD3d at 1109).

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

NAUHEIMER, SCOTT A., PEOPLE v · filed 2016-08-17

To the extent that defendant contends that defense counsel did not understand the law as it related to justification under Penal Law § 35.20 (3), such contention is based on matters outside the record and is appropriately raised by way of a CPL 440.10 motion (see People v Youngs, 101 AD3d 1589, 1589, lv denied 20 NY3d 1105; People v Paduano, 84 AD3d 1730, 1731).

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

People v. Bess · filed 2016-09-21

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).

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

People v. Bailey · filed 2016-09-21

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 Adamson, 131 AD3d 701 [2015]; People v Dorcinvil, 122 AD3d 874, 878 [2014]).

Section 440.10 requires an ineffective assistance claim involving matters outside the trial record to be raised by motion.

People v. Almodovar · filed 2016-09-29

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 a way to raise ineffective-assistance claims that depend on matters outside the record on appeal.

RICHARDSON, DANTE, PEOPLE v · filed 2016-10-07

To the extent that defendant contends that he was denied effective assistance of counsel based both upon his first attorney’s failure to object to the use of restraints and his attorney’s remarks to defendant regarding the subject, those matters are outside the record on appeal and thus must be raised by a motion pursuant to CPL 440.10 (see generally People v Roman, 107 AD3d 1441, 1443, lv denied 21 NY3d 1045).

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. Lassiter · filed 2016-10-19

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 People v Renaud, 137 AD3d 818, 821 [2016]; People v Addison, 107 AD3d 730, 732 [2013]; People v Maxwell, 89 AD3d at 1109).

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

People v. Hale · filed 2016-10-19

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 People v Freeman, 93 AD3d 805 [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. Martinez · filed 2016-10-20

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

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

People v. Suazo · filed 2016-11-01

Defendant’s ineffective assistance of counsel claim regarding the new attorney who represented him at sentencing involves matters not reflected in, or fully explained by, the record, which would require a CPL 440.10 motion.

Section 440.10 is the procedure for raising a claim that depends on matters outside the record on appeal.

MCFARLEY, JERWAN B., PEOPLE v · filed 2016-11-10

Defendant contends that defense counsel coerced him into withdrawing his motion to withdraw the pleas, but that contention involves matters outside the record on appeal and must be raised by way of a motion pursuant to CPL 440.10 (see e.g. People v Williams, 124 AD3d 1285, 1286, lv denied 25 NY3d 1078; People v Griffin, 48 AD3d 1233, 1236, lv denied 10 NY3d 840).

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

People v. Robinson · filed 2016-11-23

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 Ross, 113 AD3d at 878; People v Young, 97 AD3d at 771; People v McClurkin, 96 AD3d at 785-786).

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

People v. Degraffenreid · filed 2016-11-23

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 Addison, 107 AD3d at 732; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a motion for claims based on evidence outside the direct appeal record.

People v. King · filed 2016-11-30

The arguments raised in point 4 of the defendant’s pro se supplemental brief are based on evidence that is not part of the record on appeal,, and therefore, those arguments cannot be addressed on direct appeal (see generally People v Rohlehr, 87 AD3d 603, 604 [2011]).

A CPL 440.10 motion is required to pursue ineffective assistance claims that depend on matters outside the trial record; a request for a hearing on direct appeal cannot replace the motion.

People v. Rodriguez · filed 2016-12-13

Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal. Defendant may not sidestep the requirement of a CPL 440.10 motion, which carries a number of procedural considerations, by simply asking this Court to remand for a hearing to further develop the record.

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

People v. Silburn · filed 2016-12-14

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 Marryshow, 135 AD3d 964, 965 [2016]; 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 depends partly on matters outside the appellate record.

People v. Zamani · filed 2016-12-28

Accordingly, 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. Pilgrim · filed 2017-01-10

Defendant’s claim that counsel rendered ineffective assistance by failing to request submission of a lesser included offense is unreviewable on direct appeal because it involves a matter of strategy not reflected in, or 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.

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

People v. Cerna · filed 2017-01-25

Because 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 Taylor, 98 AD3d at 594; see also People v Delancey, 94 AD3d 1015 [2012]; People v Maxwell, 89 AD3d at 1109).

Section 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. Ayala · filed 2017-01-25

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 Barber, 133 AD3d at 872; People v Maxwell, 89 AD3d at 1109).

Section 440.10 provides a postjudgment procedure for developing claims based on facts outside the trial record.

People v. Singh · filed 2017-02-01

This claim may properly be reviewed only in the context of a postjudgment motion pursuant to CPL 440.10, which is designed for the purpose of developing matter dehors the trial record (see People v Craft, 104 AD3d at 788; People v Franklin, 77 AD3d 676 [2010]; People v Johnson, 64 AD3d 792, 793 [2009]; People v Ransome, 207 AD2d 504, 504 [1994]).

Section 440.10 provides the motion needed to address ineffective assistance claims that depend on matters outside the direct appeal record.

People v. Montanez · filed 2017-02-07

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

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

SEATON, KYLE v. PEOPLE v · filed 2017-02-10

Defendant’s contention that counsel failed to call additional alibi witnesses involves matters that are outside the record on appeal and must therefore be raised by way of a motion pursuant to CPL 440.10 (see People v Kaminski, 109 AD3d 1186, 1186, lv denied 22 NY3d 1088).

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

BEASLEY, CRYSTAL, PEOPLE v · filed 2017-02-10

We therefore conclude that defendant’s claim of ineffective assistance of counsel is based on matters outside the record and must be raised by way of a motion pursuant to CPL 440.10 (see generally People v Graham, 125 AD3d 1496, 1496, lv denied 26 NY3d 1008).

CPL 440.10 provides the appropriate forum for reviewing a claim of plea coercion or ineffective assistance that requires evidence outside the record.

People v. Bonneau · filed 2017-02-22

Since the defendant’s claims of coercion and 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 *1077 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]).

Section 440.10 provides a procedure for reviewing a right-to-counsel claim when the appellate record lacks the facts needed to decide it.

People v. Mateo · filed 2017-03-01

As the People correctly contend, a CPL 440.10 proceeding is the appropriate procedural vehicle for reviewing this claim (see People v Slack, 137 AD3d 1568, 1571 [2016]).

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

People v. Copeland · filed 2017-03-01

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 Addison, 107 AD3d at 732; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

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

People v. Jimenez · filed 2017-03-22

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 the appropriate forum for reviewing a claim about counsel’s immigration advice before a guilty plea when the claim depends on matters outside the record.

People v. Fernandez · filed 2017-03-22

A motion pursuant to CPL 440.10 is the appropriate forum for reviewing any such claim which relates to matters not on the record (see People v Pastor, 28 NY3d 1089 [2016]; People v Peque, 22 NY3d at 202; People v Drammeh, 100 AD3d 650, 651 [2012]).

Section 440.10 provides the appropriate forum to review an ineffective assistance claim in its entirety when the claim relies partly on matters outside the record and the record does not establish ineffective assistance.

People v. Sanders · filed 2017-03-08

Accordingly, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant’s claim in its entirety (see People v Marryshow, 135 AD3d at 965; People v Maxwell, 89 AD3d at 1109; cf. People v Maldonado, 116 AD3d 980 [2014]).

CPL 440.10 provides a forum to review a mixed ineffective-assistance claim when the review requires facts outside the appellate record.

People v. Alvarracin · filed 2017-03-22

Accordingly, 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 1108 [2011]).

Section 440.10 provides a motion for claims that depend on matters outside the record and cannot be reviewed on direct appeal.

The People v. Jackson · filed 2017-03-28

To the extent defendant argues that his off-the-record conversations with counsel did not sufficiently apprise him of his rights, he relies on matters dehors the record and beyond review by this Court on direct appeal. Such claims are more appropriately considered on a CPL 440.10 motion (People v Brown, 17 NY3d 863, 866 [2011]).

Section 440.10 provides a motion to raise an ineffective-assistance claim based on matters outside the appellate record.

KABIR, KAHLID A., PEOPLE v · filed 2017-03-31

That contention is based on matters outside the record on appeal and must be raised by a motion pursuant to CPL 440.10 (see People v Streeter, 118 AD3d 1287, 1289, lv denied 23 NY3d 1068, reconsideration denied 24 NY3d 1047; People v Kaminski, 109 AD3d 1186, 1186, lv denied 22 NY3d 1088).

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

BEARD, TERRENCE D., PEOPLE v · filed 2017-03-31

Defendant’s contention that the victim’s testimony was motivated ... by the victim’s desire to be released from prison is based on matters outside the record and therefore must be raised by way of a motion pursuant to CPL 440.10 (see generally People v Broomfield, 134 AD3d 1443, 1445, Iv denied 27 NY3d 1129).

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

People v. Anderson · filed 2017-04-05

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 Addison, 107 AD3d at 732; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d at 1109).

A defendant must use a CPL 440.10 motion to raise a claim that counsel failed to advise of deportation consequences when that failure does not appear on the face of the record.

People v. Wilson · filed 2017-04-07

Where a defendant’s complaint about counsel is predicated on a failure to advise of deportation consequences, which failure does not appear on the face of the record, the defendant must raise his claim via a CPL 440.10 motion, as he did here (see People v Peque, 22 NY3d 168, 202 [2013]; People v Denny, 95 NY2d 921, 923 [2000]).

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

People v. Spencer · filed 2017-04-19

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).

An ineffective assistance claim that cannot be decided on the appellate record must, if raised, proceed through a section 440.10 motion to vacate the judgment.

People v. Merriman · filed 2017-04-26

To the extent that the defendant’s claim that he was deprived of the effective assistance of counsel survives his plea of guilty (cf. People v Worthy, 138 AD3d 1042, 1042-1043 [2016]; People v Zeigler, 128 AD3d 737, 738 [2015]), it may not be determined on this record, but must be raised, if at all, on a motion to vacate the judgment pursuant to CPL 440.10 (see People v Zamani, 145 AD3d 1046, 1047 [2016]).

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

People v. Gustavo-Cano · filed 2017-04-26

Inasmuch as the record does not conclusively demonstrate whether the defendant’s counsel advised him of the immigration consequences of his plea of guilty, the defendant’s contention that his counsel was ineffective for failing to do so cannot be resolved without reference to matter 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 Taveras, 123 AD3d at 745-746; People v Rodriguez, 115 AD3d 884 [2014]; People v Drammeh, 100 AD3d 650, 651 [2012]).

Section 440.10 allows a defendant to raise a challenge to the voluntariness of a guilty plea based on matters outside the appellate record.

SHEPPARD, BENJAMIN, PEOPLE v · filed 2017-04-28

To the extent that defendant’s contention is based upon matters outside the record, he may raise his contention in a motion pursuant to CPL 440.10 (see People v Medina, 132 AD3d 1363, 1364).

Section 440.10 provides the procedure for raising claims based on facts outside the record.

HUITT, WILLIE J., PEOPLE v · filed 2017-04-28

The issues raised in that motion are based upon facts outside the record and thus must be raised by way of a motion pursuant to CPL 440.10 (see People v Miller, 68 AD3d 1135, 1135, lv denied 14 NY3d 803; see also People v Evans, 137 AD3d 1683, 1683-1684, lv denied 27 NY3d 1131).

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. McCalmon · filed 2017-05-03

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 id.; People v Maxwell, 89 AD3d at 1109).

Section 440.10 is the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim rests partly on matters outside the appellate record.

People v. Conley · filed 2017-05-17

Accordingly, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant’s claim in its entirety (see People v Sanders, 148 AD3d 846 [2017]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d 1108, 1109 [2011]).

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

People v. Thompson · filed 2017-05-24

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 Leverich, 139 AD3d at 757; People v Maxwell, 89 AD3d at 1109).

A CPL 440.10 motion is needed to review an ineffective assistance claim involving matters not fully explained by the trial record.

People v. Joaquin · filed 2017-05-25

Defendant’s claim that his counsel was unconstitutionally ineffective in failing to file a timely speedy trial motion is unreviewable in the absence of a CPL 440.10 motion, since it ... involves matters not fully explained by the record (see People v Rivera, 71 NY2d 705, 709 [1988]).

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

People v. Galtieri · filed 2017-06-14

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 would be the appropriate forum for reviewing the claim in its entirety (see id. at 965; People v Freeman, 93 AD3d 805, 806 [2012]).

Section 440.10 provides a motion for plea and effective-assistance claims based on matters outside the appellate record.

People v. Mallard · filed 2017-06-30

To the extent that defendant’s contentions regarding the plea and effective assistance of counsel are based upon matters outside the record, those matters should be addressed by a motion pursuant to CPL 440.10 (see Norman, 128 AD3d at 1419).

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

People v. Grant · filed 2017-07-26

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 Maxwell, 89 AD3d at 1109).

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

People v. Gomez · filed 2017-08-16

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 [2012]; People v Maxwell, 89 AD3d at 1109).

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

People v. Narine · filed 2017-09-13

Since the defendant’s claim cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the ineffective assistance claim in its entirety (see People v Fields, 132 AD3d 1012, 1012-1013 [2015]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d 1108, 1109 [2011]; see also People v Caldavado, 26 NY3d 1034, 1036-1037 [2015]; People v Bailey, 144 AD3d 1562 [2016]).

Section 440.10 provides the appropriate forum for reviewing an ineffective-assistance claim based partly on matters outside the record.

People v. Barnette · filed 2017-05-24

Accordingly, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant’s claim in its entirety (see People v Sanders, 148 AD3d 846 [2017]; People v Byrd, 116 AD3d 875 [2014]).

Section 440.10 provides the motion needed to develop an expanded record when an ineffective assistance claim cannot be resolved on direct appeal.

People v. Sanabria · filed 2017-06-01

Without an expanded record, which requires a 440.10 motion, we cannot say there was no objective reasonable strategy in probing the jurors about their personal beliefs on this issue ( see generally Benevento at 712).

CPL 440.10 is the appropriate forum for ineffective assistance claims that require evidence outside the appellate record.

People v. Kim · filed 2017-06-02

Many of defendant's contentions of ineffective assistance "cannot be resolved without reference to matter outside the record, [and] a CPL 440.10 proceeding is the appropriate forum for reviewing" such claims ( People v Boyd , 136 AD3d 935 , 936-937 [2016]; see People v Rana , 48 Misc 3d 130 [A], 2015 NY Slip Op 51029[U], *2-3).

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

People v. Carter · filed 2017-06-14

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 procedure for raising an ineffective-assistance claim that depends on attorney-client discussions outside the appellate record.

People v. Manning · filed 2017-06-30

That contention involves strategic discussions between defendant and his attorney outside the record on appeal, and it must therefore be raised by way of a motion pursuant to CPL 440.10 (see People v Mangiarella, 128 AD3d 1418, 1418 [2015]; People v Rosario, 43 AD3d 765, 765 [2007], lv denied 9 NY3d 1009 [2007]).

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

People v. Stricklin · filed 2017-07-05

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 the appropriate forum for reviewing ineffective-assistance claims that depend on matters outside the record.

People v. Sanchez · filed 2017-07-05

A motion pursuant to CPL 440.10 is the appropriate forum for reviewing any such claim which relates to matters not on the record (see People v Pastor, 28 NY3d 1089, 1091 [2016]; People v Peque, 22 NY3d 168, 202 [2013]; People v Haffiz, 19 NY3d 883, 885 [2012]; People v Fernandez, 148 AD3d 1052 [2017]; People v Drammeh, 100 AD3d 650, 651 [2012]).

Section 440.10 provides a motion procedure for raising claims based on facts outside the appellate record.

People v. Jordan · filed 2017-08-23

The remaining contentions in defendant’s pro se supplemental brief are based on facts outside the record and thus must be raised by way of a motion pursuant to CPL 440.10 (see People v Miller, 68 AD3d 1135, 1135 [2009], lv denied 14 NY3d 803 [2010]; see also People v Evans, 137 AD3d 1683, 1683-1684 [2016], lv denied 27 NY3d 1131 [2016]).

Section 440.10 provides the appropriate forum to review an ineffective assistance claim in full when resolving it requires matter outside the trial record.

People v. Smith · filed 2017-09-13

Since the defendant’s claim of ineffective assistance of counsel cannot be resolved in full 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 forum for reviewing an ineffective-assistance claim that cannot be resolved without evidence outside the trial record.

People v. Lembhard · filed 2017-10-04

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).

CPL 440.10 does not provide a remedy for a claim based on the record made, or that could have been made, before the trial court.

People v. Harley · filed 2017-10-05

Since such a claim is based on the record that was, or could have been, made before Supreme Court, it is not the proper subject of a CPL 440.10 motion.

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

People v. Hutter · filed 2017-10-11

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 Leverich, 139 AD3d at 757; People v Maxwell, 89 AD3d at 1109).

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

People v. Murray · filed 2017-10-18

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 would be the appropriate forum for reviewing the claim in its entirety (People v Galtieri, 151 AD3d 879, 882 [2017]; see People v Marryshow, 135 AD3d at 965; People v Freeman, 93 AD3d 805, 806, 940 [2012]).

Section 440.10 provides a motion for an ineffective-assistance claim involving counsel’s strategy that the trial record does not fully explain.

People v. Sampson · filed 2017-10-19

Defendant’s claim that his trial counsel rendered ineffective assistance by failing to object to the court’s taking of the verdict without providing the readback is unreviewable on direct appeal because it involves matters of strategy not reflected in, or fully explained by, the record (see People v Love, 57 NY2d 998 [1982]). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of this ineffectiveness claim may not be addressed on appeal.

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

People v. Rodriguez · filed 2017-10-25

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 Leverich, 139 AD3d at 757; People v Adamson, 131 AD3d 701, 703 [2015]; People v Maxwell, 89 AD3d at 1109).

Section 440.10 permits a defendant to raise claims about trial counsel’s representation that depend on matters outside the record.

People v. Hahn (Patrick) · filed 2017-11-02

Insofar as the motion addressed matters concerning the representation of trial counsel that are dehors the record, they were properly raised or were raisable in defendant's motion pursuant to CPL 440.10.

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

People v. Bassam A. · filed 2017-12-06

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

People v. Alzandani · filed 2017-12-06

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 motion procedure for ineffective assistance claims based on matters outside the record on appeal.

People v. Tuff · filed 2017-12-22

Defendant further contends that the second attorney was ineffective in failing to make a proper Batson challenge and to make a record concerning alleged misconduct of a prosecution witness. Those contentions, however, are based on matters outside the record on appeal and therefore must be raised by way of a motion pursuant to CPL 440.10 (see generally People v Kirk, 96 AD3d 1354, 1355 [4th Dept 2012], lv denied 20 NY3d 1012 [2013]).

Section 440.10 provides the procedure for raising an ineffective assistance claim that depends on matters outside the record on appeal.

People v. Figueroa · filed 2017-12-22

Moreover, defendant’s contention in his main brief that his attorney failed to make effective use of certain discovery materials while cross-examining the People’s witnesses at the suppression hearing concerns matters outside the record on appeal, and it must therefore be raised by way of a motion pursuant to CPL 440.10 (see People v Sanford, 138 AD3d 1435, 1436 [4th Dept 2016]; see generally People v Cyrus, 48 AD3d 150, 152-154 [1st Dept 2007], lv denied 10 NY3d 763 [2008]).

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

People v. Amay · filed 2017-12-27

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).

Section 440.10 provides a motion to vacate judgment for claims based on matters outside the record that cannot be reviewed on direct appeal.

People v. Geritano · filed 2018-02-14

The defendant's remaining contentions are not subject to review on direct appeal because they involve allegations that are dehors the record, which should be raised on a motion to vacate the judgment pursuant to CPL 440.10 ( see People v Jackson, 29 NY3d 18, 24; People v Flores, 151 AD3d 740, 741; People v Singh, 147 AD3d 787, 788; People v Macaluso, 144 AD3d 947, 947; People v Morrow, 143 AD3d 919, 920; People v Bruno, 127 AD3d 986, 987).

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

People v. Bryant · filed 2018-03-07

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 [*2]entirety ( see People v Carter , 151 AD3d 877, 878; People v Cunningham , 103 AD3d 916, 916-917).

Section 440.10 provides a motion procedure for claims based on matters outside the record on direct appeal.

People v. Boyd · filed 2018-03-16

The remaining contentions in defendant's main and pro se supplemental briefs are either based on matters outside the record and are appropriately raised by way of a CPL 440.10 motion ( see People v DeJesus , 110 AD3d 1480, 1482 [4th Dept 2013], lv denied 22 NY3d 1155 [2014]), or are unpreserved for our review ( see People v Jackson , 236 AD2d 628, 629 [2d Dept 1997], lv denied 90 NY2d 859 [1997]), and we decline to exercise our power to review any such unpreserved contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]).

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

People v. Kocaj · filed 2018-04-11

Since the defendant's claim of ineffective assistance of counsel cannot be resolved without reference to matter outside of the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety ( see People v Leverich , 139 AD3d 756, 757).

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

People v. Locenitt · filed 2018-01-24

Since the defendant's claim [*3]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 defendant's claim in its entirety ( see People v Spencer , 149 AD3d 983, 984; People v Marryshow , 135 AD3d 964, 965; People v Maxwell , 89 AD3d at 1109).

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

People v. Atkins · filed 2018-01-24

To the extent that the defendant's contentions are related to the voluntariness of the plea, his contentions involve a "mixed claim" of ineffective assistance that requires reference to matters outside the record ( People v Maxwell , 89 AD3d 1108, 1109; see People v Evans , 16 NY3d 571, 575 n 2; People v Freeman , 93 AD3d 805, 806). It is not evident based on the record that the defendant was deprived of the effective assistance of counsel ( cf. People v Crump , 53 NY2d 824; People v Brown , 45 NY2d 852). Therefore, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety ( see People v Freeman , 93 AD3d at 806).

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

People v. Hili · filed 2018-02-07

Since the defendant's claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding would be 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; People v Maxwell , 89 AD3d at 1109).

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

People v. Wilcher · filed 2018-02-09

To the extent that defendant raises in his main and pro se supplemental briefs contentions regarding alleged instances of ineffective assistance of counsel that are based upon matters outside the record on appeal, those contentions must be raised by way of a motion pursuant to CPL 440.10 ( see People v Streeter , 118 AD3d 1287, 1289 [4th Dept 2014], lv denied 23 NY3d 1068 [2014], reconsideration denied 24 NY3d 1047 [2014]).

Section 440.10 permits a challenge to a guilty plea based on matters outside the record.

People v. Sparbanie · filed 2018-02-15

To the extent that defendant's challenge to either the voluntariness or factual sufficiency of his plea is based upon matters outside of the record and, hence, is the proper subject of a CPL 440.10 motion, we find that defendant's conclusory assertions, which were entirely "unsupported [*2]by any affidavits or documentary evidence" ( People v Darrell , 145 AD3d at 1320), were insufficient to warrant a hearing ( see CPL 440.30 [1] [a]; [4] [b], [d]; People v LaPierre , 108 AD3d 945, 946 [2013]; People v Vallee , 97 AD3d 972, 974 [2012], lv denied 20 NY3d 1104 [2013]).

CPL 440.10 provides a motion procedure for ineffective-assistance claims that cannot be reviewed on direct appeal because the record does not fully explain them.

People v. Maitland · filed 2018-03-15

Accordingly, because 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 resolving an ineffective-assistance claim based partly on matters outside the record.

People v. Cassadean · filed 2018-04-04

Therefore a CPL 440.10 proceeding is the appropriate forum for resolving the claim in its entirety ( see People v Freeman , 93 AD3d 805, 806).

Section 440.10 provides the appropriate forum for reviewing an ineffective assistance claim in its entirety when the claim rests partly on matters outside the record.

People v. Dowling · filed 2018-02-07

Accordingly, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

CPL 440.10 motions are the appropriate forum for ineffective-assistance claims that depend on matters outside the record.

People v. Agramonte · filed 2018-05-02

A motion pursuant to CPL 440.10 is the appropriate forum for reviewing any such claim which relates to matters not on the record ( see People v Pastor , 28 NY3d 1089, 1091; People v Peque , 22 NY3d at 202; People v Haffiz , 19 NY3d 883, 885; People v Sanchez , 152 AD3d 548; People v Fernandez , 148 AD3d 1052, 1053; People v Drammeh , 100 AD3d 650, 651).

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

People v. Miller · filed 2018-05-04

Further, to the extent that defendant's contention in his pro se supplemental brief is based upon matters outside the record, his contention must be raised by way of a motion pursuant to CPL 440.10 ( see People v Smith , 122 AD3d 1300, 1301 [4th Dept 2014], lv denied 25 NY3d 1172 [2015]).

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

People v. Elliot · filed 2018-05-15

Defendant's pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record. Accordingly, since defendant has not made a CPL 440.10 motion, the merits of these claims may not be addressed on appeal.

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

People v. Carey · filed 2018-06-08

To the extent that defendant's contention involves matters outside the record on appeal, it must be raised by way of a motion pursuant to CPL 440.10 ( see Cooper , 134 AD3d at 1586).

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

People v. Fraser · filed 2018-06-12

Accordingly, since Jagnandan 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 for raising a claim that counsel failed to advise of deportation consequences when that failure does not appear in the trial record.

People v. Owusu (Kwadwo) · filed 2018-06-21

Where a defendant's complaint about counsel is predicated on a failure to advise of deportation consequences, which failure does not appear on the face of the record, the defendant must raise the claim via a CPL 440.10 motion ( see People v Peque , 22 NY3d 168 , 202 [2013]; People v Haffiz , 19 NY3d 883 , 885 [2012]; People v McLean , 15 NY3d 117 , 121 [2010]; People v Love , 57 NY2d 998, 1000 [1982]).

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

People v. Gibson · filed 2018-07-05

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 Marryshow , 135 AD3d 964, 965; People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

CPL 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. Lang · filed 2018-08-22

Since the defendant's ineffective assistance claim 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 Tieman , 132 AD3d 703; People v Mills , 132 AD3d 698; People v Jemmott , 132 AD3d 697).

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

People v. Benson · filed 2018-08-29

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 at 682; People v Duren , 130 AD3d 842; People v Williams , 120 AD3d at 724; People v Addison , 107 AD3d 730, 732; People v Freeman , 93 AD3d 805, 806).

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

People v. Dickenson · filed 2018-09-19

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 People v Guzman , 138 AD3d 1140, 1141; People v Renaud , 137 AD3d 818, 820-821; People v Duren , 130 AD3d 842, 843).

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. Bird · filed 2018-09-19

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 Carter , 151 AD3d 877, 878; People v Cunningham , 103 AD3d 916, 916-917).

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

People v. Tromp · filed 2018-09-26

Since the defendant's claim of ineffective assistance of counsel cannot be resolved without reference to matter [*2]outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety ( see People v Hili , 158 AD3d at 648; People v Freeman , 93 AD3d 805, 806).

A CPL 440.10 motion is required to raise an ineffective-assistance claim that depends on matters outside the direct appeal record.

People v. McCray · filed 2018-10-30

Defendant's claim that he received ineffective assistance at sentencing is unreviewable on direct appeal, in the absence of a CPL 440.10 motion, because it [*2]involves matters not reflected in, or fully explained by, the record ( see People v Rivera , 71 NY2d 705, 709 [1988]).

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

People v. Gott · filed 2018-10-31

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 defendant's claim in its entirety ( see People v Spencer , 149 AD3d at 983; People v Marryshow , 135 AD3d at 965; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides a way to pursue an ineffective-assistance claim that depends in part on facts outside the trial record.

People v. Shareef (Hasan) · filed 2018-11-08

... it is a "mixed claim" which depends in part on matters not appearing on the record and [*4] is properly explored in a motion pursuant to CPL 440.10 ( see People v Evans , 16 NY3d 571 , 575 n 2 [2011]; People v Salgado , 111 AD3d 859 , 860 [2013]; People v Resto , 58 Misc 3d 150 [A], 2018 NY Slip Op 50086[U], *3 [App Term, 2d Dept, 9th & 10th Jud Dists 2018]).

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

People v. Castro · filed 2018-11-13

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record concerning counsel's reasons for declining to make a severance motion ( see People v Rivera , 71 NY2d 705, 709 [1988]; People v Love , 57 [*2]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 the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim requires facts outside the record.

People v. Warden · filed 2018-11-14

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 of ineffectiveness in its entirety ( see People v Kocaj , 160 AD3d 766; People v Marryshow , 135 AD3d 964, 965; People v Maxwell , 89 AD3d at 1109).

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

People v. Miller · filed 2018-11-14

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 Hili , [*2]158 AD3d at 648; People v Freeman , 93 AD3d 805, 806).

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

People v. Peters · filed 2018-11-20

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or 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 the appropriate forum for reviewing an ineffective-assistance claim in its entirety when the claim cannot be resolved without matter outside the record.

People v. Lowe · filed 2018-11-21

Since the defendant's claim of ineffective assistance of counsel cannot be fully resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant's claim in its entirety ( see People v Spencer , 149 AD3d at 983; People v Marryshow , 135 AD3d at 965; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides a motion to vacate a conviction for a claim that depends on facts outside the direct appeal record.

People v. Ellis · filed 2018-11-28

We agree with our dissenting colleague that this issue is not properly raised on direct appeal, but rather should be raised in a CPL 440.10 motion to vacate the judgment of conviction because the facts supporting the defendant's claim are dehors the record ( see People v Jackson , 29 NY3d 18; People v Geritano , 158 AD3d 724).

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

People v. Rodriguez · filed 2018-11-29

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or 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.

CPL 440.10 provides a motion to develop facts outside the direct-appeal record.

People v. Hutchinson (Ryan) · filed 2018-12-06

Such matters are properly explored in a motion pursuant to CPL 440.10 to permit the record to be expanded as to the facts and issues that defendant now raises ( see e.g. People v Medina-Gonzalez , 116 AD3d 519 , 520 [2014]).

CPL 440.10 provides a motion to raise a challenge based on matters outside the record on appeal.

People v. Maull · filed 2018-12-21

Although the conduct of those law enforcement officers is alarming, the appropriate vehicle for challenging that conduct is a CPL 440.10 motion inasmuch as defendant's contention concerns matters outside the record on appeal ( see People v McLean , 15 NY3d 117, 121 [2010]).

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

People v. Maldonado · filed 2018-12-26

As the defendant's claim of [*2] 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; People v Maxwell , 89 AD3d at 1109).

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

People v. Crowe · filed 2018-12-26

The defendant's contention, raised in his pro se supplemental brief, that he was deprived of the effective assistance of counsel is based entirely on matter outside the record, and thus, that contention must be raised by way of a CPL 440.10 motion ( see People v Fields , 132 AD3d 1012 , 1012-1013; People v Freeman , 93 AD3d 805 , 806).

Section 440.10 permits a defendant to move after sentencing to raise ineffective assistance claims that depend on facts outside the direct appeal record.

People v. Carr · filed 2019-01-22

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or 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. Although trial counsel is deceased, defendant could have made a 440.10 motion at any time after the sentencing, which occurred long before counsel's death.

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

People v. Johnson · filed 2019-01-23

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 Marryshow , 135 AD3d 964, 965; People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

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

People v. Freire · filed 2019-01-23

Rather, a CPL 440.10 proceeding is the appropriate forum for reviewing the ineffective assistance claim in its entirety ( see People v Freeman , 93 AD3d at 806).

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

People v. Jackson · filed 2019-03-20

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; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides the procedure for raising an ineffective-assistance claim based on an off-the-record discussion with counsel about a guilty plea’s immigration consequences.

People v. Williams (Eric) · filed 2019-03-21

To the extent that defendant's claim that he was denied the effective assistance of counsel is based upon an off-the-record conversation with his attorney regarding the immigration consequences of his guilty plea during the plea colloquy, defendant must raise the claim via a CPL 440.10 motion ( see People v Peque , 22 NY3d 168 , 202 [2013]; People v Owusu , 60 Misc 3d 130 [A], 2018 NY Slip Op 50989[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]).

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

People v. Rogers · filed 2019-04-17

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; People v Maxwell , 89 AD3d at 1109).

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

People v. Waller · filed 2019-04-24

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 contention in its entirety ( see People v Holmes , 167 AD3d 1039; People v Hili , 158 AD3d 647, 648).

Section 440.10 provides a way to raise claims about off-the-record conversations with counsel that cannot be reviewed on direct appeal.

People v. Paul · filed 2019-04-26

"To the extent defendant argues that his off-the-record conversations with counsel did not sufficiently apprise him of his rights, he relies on matters dehors the record and beyond review by this Court on direct appeal. Such claims are more appropriately considered on a CPL 440.10 motion"

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. Ogletree · filed 2019-05-01

Since the defendant's claim of ineffective assistance [*2]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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

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

People v. Gross · filed 2019-05-01

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; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides the procedure for raising an ineffective-assistance claim that depends on matters outside the trial record.

People v. Cardillo (Frank) · filed 2019-05-16

To the extent that an issue is raised as to the sufficiency of trial counsel's analysis of the facts and other strategic considerations, or to the extent that defendant is making an ineffectiveness claim that is based, in part, on matters not appearing in the record, the matter is properly pursued in a motion pursuant to CPL 440.10 ( see People v Evans , 16 NY3d 571 , 575 n 2 [2011]; People v Rivera , 71 NY2d 705, 709 [1988]; People v Chaney , 160 AD3d 1281 , 1285-1286 [2018]; People v Salgado , 111 AD3d 859 , 860 [2013]; People v Shareef , 61 Misc 3d 137 [A], 2018 NY Slip Op 51578[U], *3-4).

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. Ventura · filed 2019-05-22

Since the defendant's claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 [*2]proceeding is the appropriate forum for reviewing the claim in its entirety, and we decline to review the claim on this direct appeal ( see People v Freeman, 93 AD3d 805, 806; People v Maxwell, 89 AD3d at 1109).

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

People v. Ross · filed 2019-05-22

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, and we decline to review the claim on this direct appeal ( see People v Freeman, 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

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

People v. Mena · filed 2019-05-22

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

CPL 440.10 provides a proceeding for ineffective-assistance claims based on facts outside the appeal record, where those facts may be considered.

People v. Avilacruz · filed 2019-05-29

The appropriate vehicle to allege ineffective assistance of counsel grounded in allegations referring to facts outside the record is a proceeding pursuant to CPL 440.10, where matter dehors the record may be considered ( see People v Stevens , 162 AD3d at 1078; People v Rohlehr , 87 AD3d at 604; People v Miller , 68 AD3d at 1135).

CPL 440.10 provides the procedure for raising an ineffective-assistance claim that depends on matters outside the appellate record.

People v. Simpson · filed 2019-06-07

Thus, because that particular allegation involves matters outside the record on appeal, it must be raised in a motion pursuant to CPL 440.10 (see People v McCray, 165 AD3d 595, 597 [1st Dept 2018], lv denied 32 NY3d 1175 [2019]).

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

People v. Reid · filed 2019-06-07

Defendant's further challenges to the assistance provided by defense counsel are based on matters outside the record, therefore they " must be raised by way of a motion pursuant to CPL 440.10' " ( People v Weaver , 118 AD3d 1270, 1272 [4th Dept 2014], lv denied 24 NY3d 965 [2014]).

Section 440.10 permits a defendant to bring a postconviction ineffective-assistance claim based on matters outside the direct-appeal record.

The People v. Mendoza · filed 2019-06-13

However, a claim of ineffective assistance of counsel based on allegedly deficient trial strategy often is raised by a collateral or postconviction proceeding under CPL 440.10 (see People v Brown, 45 NY2d 852, 853-854 [1978]), and defendant is not precluded from commencing a proceeding “based on matters outside the [current] record and beyond review on this appeal” (People v Henderson, 28 NY3d 63, 66 [2016]).

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

People v. Beardsley · filed 2019-06-14

To the extent that defendant contends that defense counsel coerced him into pleading guilty, we note that his contention involves matters outside the record on appeal and must be raised via a motion pursuant to CPL 440.10 ( see People v Hodge , 226 AD2d 1124, 1124 [4th Dept 1996], lv denied 88 NY2d 986 [1996]; see also People v McFarley , 144 AD3d 1521, 1522 [4th Dept 2016]).

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

People v. Ahmed · filed 2019-06-19

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; 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 evidence outside the record.

People v. Mishk · filed 2019-06-26

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

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

People v. Griffin · filed 2019-06-26

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides the procedure for raising an ineffective assistance of counsel claim based on matters outside the trial record.

People v. Massey · filed 2019-06-28

Defendant's further contention in his pro se supplemental brief that he was denied effective assistance of counsel is based on matters outside the record, and that contention must therefore be raised by way of a motion pursuant to CPL 440.10 ( see People v Mallard , 151 AD3d 1957, 1958 [4th Dept 2017], lv denied 29 NY3d 1130 [2017]).

Section 440.10 provides the forum for reviewing an ineffective assistance claim that requires consideration of matters outside the record, including a mixed claim in its entirety.

People v. Smith · filed 2019-07-10

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; 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 record.

People v. Monroe · filed 2019-07-10

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, and we decline to review the claim on this direct appeal ( see People v Joseph , 167 AD3d 776, 778; People v Freeman, 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

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

People v. Smith · filed 2019-07-24

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides the procedure for reviewing an ineffective assistance of counsel claim based on matters outside the direct appeal record.

People v. Shabazz · filed 2019-07-24

However, the defendant's ineffective assistance of counsel contention cannot be reviewed on direct appeal because it is based on matters outside the record on appeal ( see People v Stevens , 162 AD3d 1077, 1078; People v Rohlehr , 87 AD3d 603, 604). The appropriate vehicle for review of such a contention is a motion pursuant to CPL 440.10 ( see People v Stevens , 162 AD3d at 1078; People v Rohlehr , 87 AD3d at 604).

Section 440.10(2)(b) does not require denial of a motion raising an ineffective assistance claim that depends on matters outside the direct appeal record.

People v. Williams · filed 2019-08-22(2)(b)

The issue whether counsel failed to file an alibi notice or adequately investigate and utilize potentially exculpatory [*2]witnesses involves matters outside the record on direct appeal ( see People v Conway , 118 AD3d 1290, 1291 [4th Dept 2014]; see also People v Blocker , 132 AD3d 1287, 1287-1288 [4th Dept 2015], lv denied 27 NY3d 992 [2016]). Thus, the court was not required to deny the motion pursuant to CPL 440.10 (2) (b).

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

People v. Luck · filed 2019-09-18

Since the defendant's claim cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing this claim ( see People v Freeman , 93 AD3d 805; People v Maxwell , 89 AD3d at 1109).

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 trial record.

People v. Purdie · filed 2019-09-25

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

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

People v. Diaz-Paz · filed 2019-09-25

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

Section 440.10 provides a motion procedure for assessing ineffective-assistance claims that require a record beyond the trial record.

People v. Maynard · filed 2019-10-17

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

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

People v. Dillard · filed 2019-10-23

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, and we decline to review the claim on this direct appeal ( see People v Freeman , 93 AD3d 805, 806; People v Maxwell , 89 AD3d at 1109).

A CPL 440.10 motion is the means to raise an ineffective assistance claim that depends on matters outside the direct-appeal record.

People v. Christie · filed 2019-10-29

This claim is unreviewable on direct appeal because it involves matters not reflected in, or fully explained by, the record, regarding counsel's strategic decision-making and consultations with his client, including what appears to be an in-court, off-the-record discussion between defendant and his counsel on the subject at issue ( see People v Rivera , 71 NY2d 705, 709 [1988]). Accordingly, because defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claim may not be addressed on appeal.

CPL 440.10 is the procedure for raising claims based primarily on matters outside the trial record, including claims that counsel deprived a defendant of the right to testify.

People v. Richards · filed 2019-11-08

To the extent that defendant contends that conversations with defense counsel otherwise deprived him of his right to testify, that contention is, as with defendant's related ineffective assistance claim, based primarily on matters outside the record and must be raised pursuant to a CPL 440.10 motion ( see generally Streeter , 118 AD3d at 1289).