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PEOPLE v. FIGUEROA

304 A.D.2d 475 (2003)

759 N.Y.S.2d 41

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FIGUEROA, Appellant.

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

Decided April 24, 2003.

Defendant's ineffective assistance of counsel claim rests primarily upon factual assertions that are outside the record, and that he made in his unsuccessful postconviction motions to vacate the judgment pursuant to CPL 440.10. However, since leave to appeal to this Court was denied, these assertions are not properly before this Court (People v Wilson, 288 A.D.2d 117 [2001], lv denied...

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