Opinion
2016–08680 Ind. No. 15–00201
04-24-2019
The PEOPLE, etc., Respondent, v. Shakeel Q. WALLER, Appellant.
Samuel S. Coe, New City, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Samuel S. Coe, New City, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Edward T. McLoughlin, J.), rendered June 27, 2016, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his attorney was ineffective is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus constitutes a "mixed claim" of ineffective assistance ( People v. Maxwell, 89 A.D.3d 1108, 1109, 933 N.Y.S.2d 386 ; see People v. Evans, 16 N.Y.3d 571, 925 N.Y.S.2d 366, 949 N.E.2d 457 ). Since the defendant's claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the contention in its entirety (see People v. Holmes, 167 A.D.3d 1039, 89 N.Y.S.3d 674 ; People v. Hili, 158 A.D.3d 647, 648, 67 N.Y.S.3d 851 ).
Accordingly, as the defendant raises no other issues, we affirm the judgment of conviction.
DILLON, J.P., COHEN, DUFFY and CHRISTOPHER, JJ., concur.