Legal Opinion

People v. McNair

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

Decided February 19, 2014PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered August 25, 2011, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

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…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. BradshawNew York Court of Appeals · 2011
  3. People v. RohlehrAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. AriasAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. BradleyAppellate Terms of the Supreme Court of New York · 2015

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