People v. Direnzo

Full title: The People of the State of New York, respondent, v. John Direnzo…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 9, 2015

2015 N.Y. Slip Op. 9114 (N.Y. App. Div. 2015)

Opinion

2011-08607

12-09-2015

The People of the State of New York, respondent, v. John Direnzo, appellant.

Gary E. Eisenberg, New City, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ. (Ind. No. 10-02164)

Gary E. Eisenberg, New City, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered August 11, 2011, convicting him of bail jumping in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant raises a "mixed claim" of ineffective assistance of counsel (People v Freeman, 93 AD3d 805, 806). Inasmuch as the on-the-record aspects of this claim alone do not establish that the defendant was deprived of his right to effective representation, the claim is appropriately raised and reviewed in its entirety on a motion to vacate the judgment pursuant to CPL 440.10 (see People v Direnzo, _____ AD3d _____ [Appellate Division Docket No. 2011-05137; decided herewith]).

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court