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People v. Oquendo

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 955 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Kings County (Kooper, J.).


Judgment affirmed.

Contrary to defendant's contention, his guilt was proven overwhelmingly beyond a reasonable doubt. Also, the trial court's Sandoval ruling, permitting inquiry into a single conviction, was not an abuse of discretion ( see, People v. Williams, 56 N.Y.2d 236; People v. Davis, 44 N.Y.2d 269; People v. Sandoval, 34 N.Y.2d 371). To the extent that defendant's claim of ineffective assistance of counsel is based on facts outside the record, defendant's appropriate remedy is to bring a postconviction proceeding under CPL 440.10 ( see, People v. Brown, 45 N.Y.2d 852; People v. Drummond, 99 A.D.2d 760). We have considered defendant's other claims and we reject them. Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. Oquendo

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 955 (N.Y. App. Div. 1985)
Case details for

People v. Oquendo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERTO OQUENDO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1985

Citations

112 A.D.2d 955 (N.Y. App. Div. 1985)

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