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PEOPLE v. OLIVIERA

168 A.D.2d 691 (1990)

The People of the State of New York, Respondent, v. Melita Oliviera, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1990

Ordered that the judgment is affirmed.

The defendant contends that she was denied the effective assistance of counsel by her attorney's failure to adequately explain the consequences of rejecting a plea offer. However, since the issue of ineffective assistance of counsel is based on matters dehors the record, it should have been raised in a posttrial application brought pursuant to CPL 440.10 (see, People v Brown...

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