Legal Opinion

People v. Hernandez

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2009Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Ayres, J.), rendered January 18, 2007, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim of ineffective assistance of counsel is based, in part, on matter dehors the record and, therefore, cannot be reviewed on direct appeal (see People v Sloane, 59 AD3d 745 [2009]; People v Borthwick, 51 AD3d 1211 [2008]). Insofar as we are able to review the defendant’s claim, the record does not support the defendant’s claim that he…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. BorthwickAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. SloaneAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. BrismanAppellate Division of the Supreme Court of the State of New York · 2008

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