Opinion
12-09-2015
The PEOPLE, etc., 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.
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.
Opinion
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 A.D.3d 805, 806, 940 N.Y.S.2d 314). 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, ––– A.D.3d ––––, 19 N.Y.S.3d 906, 2015 WL 8229854 [Appellate Division Docket No. 2011–05137; decided herewith] ).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.