Contrary to the People's assertion, the court properly entertained defendant's motion to vacate the judgment of conviction made on the ground of ineffective assistance, since it was based upon a combination of matters dehors the record and closely related matters discernible on the record (see, CPL 440.10 [2] [b]). However, and notwithstanding that there are serious issues relating to the effectiveness of defendant's counsel, the court erred in summarily granting the...
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