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PEOPLE v. FIGUEROA

254 A.D.2d 226 (1998)

679 N.Y.S.2d 304

The People of the State of New York, Respondent, v. Raymond Figueroa, Appellant

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

October 29, 1998

Since defendant failed to raise his contention of ineffective assistance of counsel in his motion to vacate the judgment of conviction pursuant to CPL 440.10, the claim is not reviewable on direct appeal since it is based on facts dehors the record and trial counsel has had no opportunity to explain her trial tactics (People v Love, 57 N.Y.2d 998). This is not the rare case where it might be possible from the trial record alone,...

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