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PEOPLE v. MORSBY

5 Misc.3d 64 (2004)

785 N.Y.S.2d 645

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v IRA MORSBY, Appellant.

Supreme Court, Appellate Term, First Department.

October 5, 2004.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Andrew C. Fine and Cheryl P. Williams of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Meredith Boylan of counsel), for respondent.

McCOOE, J.P., and SCHOENFELD, J., concur; DAVIS, J., concurs in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction rendered May 3, 2002 affirmed, without prejudice to a motion pursuant to CPL 440.10.

Defendant's ineffective assistance of counsel claim would require a CPL 440.10 motion so as to expand the record as to counsel's strategic decisions (see, People v Baher, 308 A.D.2d 365 [2003]; see also, People v Conyers, 114 A...

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