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PEOPLE v. NIANG

305 A.D.2d 118 (2003)

757 N.Y.S.2d 744

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAPE NIANG, Appellant.

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

Decided May 1, 2003.

Defendant's ineffective assistance of counsel claim should have been raised by way of a CPL 440.10 motion (see People v Love, 57 N.Y.2d 998 [1982]) because his argument that counsel provided deficient representation when he asked defendant questions on direct examination that opened the door to damaging evidence depends on whether or not defendant had correctly informed counsel of the pertinent facts and on what other information...

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