People v. Mitchelle

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 7, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

Defendant’s claim of ineffective assistance of counsel was never raised in a CPL 440.10 motion, where crucial background facts might have been developed on proper inquiry, and therefore this Court cannot evaluate the issue without resort to “supposition and conjecture” (People v Rivera, 71 NY2d 705,…