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PEOPLE v. MITCHELLE

253 A.D.2d 677 (1998)

680 N.Y.S.2d 474

The People of the State of New York, Respondent, v. Darrell Mitchelle, Also Known as Darrell Mitchell, Appellant

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

September 22, 1998

Defendant's claim of ineffective assistance of counsel was never raised in a CPL 440.10 motion, where crucial background facts might have been developed on proper inquiry, and therefore this Court cannot evaluate the issue without resort to "supposition and conjecture" (People v Rivera, 71 N.Y.2d 705, 709). On the instant record, we conclude that defendant received effective assistance...

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