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PEOPLE v. HENDRIX

8 A.D.3d 72 (2004)

778 N.Y.S.2d 160

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HENDRIX, Appellant.

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

June 10, 2004.

Since defendant's ineffective assistance of counsel claim turns on matters that are not reflected in the record, including his communications with his trial counsel and counsel's trial preparation and strategy, it would require a further record to be developed by way of a CPL 440.10 motion (see People v Love, 57 N.Y.2d 998 [1982]). To the extent the existing record permits review, it establishes that defendant received effective...

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