PEOPLE v. MACKLIN


288 A.D.2d 154 (2001)

733 N.Y.S.2d 181

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERROL MACKLIN, Also Known as ALVIN SMITH, Appellant.

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

Decided November 29, 2001.


While we agree with defendant that his motion contained non-record factual allegations that could not have been made on direct appeal, we find that the motion was properly denied. Defendant's allegations, some of which were made solely by defendant, were contradicted by his counsel, and which, we find, could not possibly be true (see, CPL 440.30 [4] [d]), do not establish ineffective assistance of trial counsel (see, People v Benevento, 91 N...

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