People v. Morsby

OPINION OF THE COURT

Judgment of conviction rendered May 3, 2002 affirmed, without prejudice to a motion pursuant to CPL 440.10.

Defendant’s ineffective assistance of counsel claim would require a CPL 440.10 motion so as to expand the record as to counsel’s strategic decisions (see, People v Baher, 308 AD2d 365 [2003]; see also, People v Conyers, 114 AD2d 967 [1985], lv denied 67 NY2d 650 [1986]). To the extent the present record permits review, it does not support a finding that defendant was denied meaningful representation, but, on the contrary, indicates that trial counsel made appropriate…