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discussed
Cited as authority (rule)
People v. Bassam A.
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]).
discussed
Cited as authority (rule)
People v. Alzandani
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]).
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Cited as authority (rule)
People v. Jones
Defendant’s claim that he was deprived of effective assistance of counsel by defense counsel’s failure to introduce evidence that the weapon at issue was a “community gun” is based on matters outside the record and thus cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2d Dept 2011]; People v Dawkins, 81 AD3d 972, 972 [2d Dept 2011], lv denied 17 NY3d 794 [2011], denied reconsideration 17 NY3d 858 [2011]).
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Cited as authority (rule)
People v. Stricklin
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]). *550 The defendant failed to preserve for appellate review his contention that the prosecutor’s questioning of a defense witness about statements made to the police by a nontestifying witness violated the defendant’s rights under the Confrontation Clause of the…
discussed
Cited as authority (rule)
People v. Carter
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]).
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Cited as authority (rule)
People v. Morris
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]).
discussed
Cited as authority (rule)
People v. Morris
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]).
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Cited as authority (rule)
People v. Bonneau
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]).
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Cited as authority (rule)
People v. King
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]).
discussed
Cited as authority (rule)
People v. Frazier
The arguments raised at points 8, 9 and 10 of the defendant’s pro se supplemental brief are based on evidence that is not part of the record on appeal, and therefore, these arguments cannot be addressed on direct appeal (see generally People v Rohlehr, 87 AD3d 603, 604 [2011]).
discussed
Cited as authority (rule)
People v. Thomas
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]).
discussed
Cited as authority (rule)
People v. Leverich
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]).
discussed
Cited as authority (rule)
People v. Marryshow
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]).
discussed
Cited as authority (rule)
People v. Dib
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]).
discussed
Cited as authority (rule)
People v. Hodge
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]).
discussed
Cited as authority (rule)
People v. Donovan
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]).
discussed
Cited as authority (rule)
People v. Jemmott
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]).
discussed
Cited as authority (rule)
People v. Tieman
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]).
discussed
Cited as authority (rule)
People v. Duren
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]).
discussed
Cited as authority (rule)
People v. Hatcher
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]).
discussed
Cited as authority (rule)
People v. Morocho
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]).
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Cited as authority (rule)
People v. Granger
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]).
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Cited as authority (rule)
People v. Fisher
Insofar as the defendant contends that his counsel’s conduct affected the voluntariness of the plea, the contention is based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Wornell, 112 AD3d 656 [2013]; People v Folger, 110 AD3d 736 [2013]; People v Rohlehr, 87 AD3d 603, 604 [2011]).
discussed
Cited as authority (rule)
People v. Mallayev
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]).
discussed
Cited as authority (rule)
People v. Ross
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 Free *964 man, 93 AD3d 805 , 806 [2012]; People v Maxwell, 89 AD3d at 1109 ; People v Rohlehr, 87 AD3d 603, 604 [2011]).
discussed
Cited as authority (rule)
People v. Thorne
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]).
discussed
Cited as authority (rule)
People v. Thorne
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]).
discussed
Cited as authority (rule)
People v. Byrd
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]).
discussed
Cited as authority (rule)
People v. Izurieta
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]).
discussed
Cited as authority (rule)
People v. Byrd
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]).
discussed
Cited as authority (rule)
People v. Izurieta
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]).
discussed
Cited as authority (rule)
People v. Bennett
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]).
discussed
Cited as authority (rule)
People v. Bennett
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]).
discussed
Cited as authority (rule)
People v. King
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]).
discussed
Cited as authority (rule)
People v. King
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]).
discussed
Cited as authority (rule)
People v. Crawford
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 ).
discussed
Cited as authority (rule)
People v. Crawford
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 ).
discussed
Cited as authority (rule)
People v. Leach
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]).
discussed
Cited as authority (rule)
People v. Leach
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]).
discussed
Cited as authority (rule)
People v. McNair
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 [a motion] 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 ).
discussed
Cited as authority (rule)
People v. McNair
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 [a motion] 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 ).
discussed
Cited as authority (rule)
People v. Sivels
(2×)
The defendant’s further contention, raised in his pro se supplemental brief, that his attorney failed to provide effective assistance of counsel by not affording him the right to testify before the grand jury is based upon matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]).
discussed
Cited as authority (rule)
People v. Sivels
(2×)
The defendant’s further contention, raised in his pro se supplemental brief, that his attorney failed to provide effective assistance of counsel by not affording him the right to testify before the grand jury is based upon matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]).
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Cited as authority (rule)
People v. Fate
The defendant’s contention, raised in his pro se supplemental brief, that he was deprived of the constitutional right to the effective assistance of counsel, as well as his other contentions raised therein, are based on matter outside the record and, thus, cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]).
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Cited as authority (rule)
People v. Fate
The defendant’s contention, raised in his pro se supplemental brief, that he was deprived of the constitutional right to the effective assistance of counsel, as well as his other contentions raised therein, are based on matter outside the record and, thus, cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d 603, 604 [2011]; People v Miller, 68 AD3d 1135, 1135 [2009]).
discussed
Cited as authority (rule)
People v. Sewell
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]).
discussed
Cited as authority (rule)
People v. Gaines
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]).
discussed
Cited as authority (rule)
People v. Sewell
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]).
discussed
Cited as authority (rule)
People v. Gaines
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]).
discussed
Cited as authority (rule)
People v. Hernandez
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]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Dana Rohlehr
v.
Dana Rohlehr
Appellate Division of the Supreme Court of the State of New York.
Aug 9, 2011.
Cited by 157 opinions | Published
[*604] The defendant’s contention that he is entitled to a new trial in light of newly discovered evidence is based on matter dehors the record and, therefore, is not properly before this Court on the defendant’s direct appeal {see People v Franklin, 77 AD3d 676 [2010]). Further, the Supreme Court providently exercised its discretion in denying that branch of the defendant’s motion which was to set aside the verdict pursuant to CPL 330.30 (3) based upon newly discovered evidence. The defendant failed to demonstrate in his motion papers that this new evidence could not have been produced at trial with due diligence {see People v Matthew, 274 AD2d 485, 485-486 [2000]; People v Hojas, 271 AD2d 547, 547-548 [2000]; People v Nelson, 214 AD2d 589, 590 [1995]). To the extent the defendant also moved pursuant to CPL 330.30 (1) to set aside the verdict, that branch of the motion was also properly denied because the proffered grounds did not appear on the face of the record {see CPL 330.30 [1]).
The defendant’s contention that he was deprived of the effective assistance of counsel is based on matter dehors the record, and cannot be reviewed on direct appeal {see People v Miller, 68 AD3d 1135 [2009]). “The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the trial record is pursuant to CPL 440.10, where matters dehors the record may be considered” {id. [internal quotation marks omitted]). Skelos, J.E, Belen, Hall and Roman, JJ., concur.