Legal Opinion
People v. Southard
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1990PublishedCited by 3 opinions
1Opinion of the Court
The defendant’s claim that he was not afforded the effective assistance of counsel is based on matters dehors the record and thus not reviewable on direct appeal (see, People v Walker, 152 AD2d 644; People v Bosley, 149 AD2d 520; People v Robinson, 122 AD2d 173). The appropriate remedy is a post-conviction motion pursuant to CPL 440.10 (see, People v Walker, supra; People v Bosley, supra). Mangano, J. P., Kunzeman, Eiber and Kooper, JJ., concur.
2Cases cited3 opinions
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BosleyAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- People v. BartlettAppellate Division of the Supreme Court of the State of New York · 1995
- People v. PaganiniAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LekhramAppellate Division of the Supreme Court of the State of New York · 1994