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PEOPLE v. PEYTON

27 A.D.3d 402 (2006)

811 N.Y.S.2d 398

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP PEYTON, Appellant.

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

March 30, 2006.

Defendant claims that his Legal Aid Society trial counsel was placed in conflict because another Legal Aid attorney had represented the complainant's sister in an unrelated matter. However, he concedes that his claim involves factual matters outside the record concerning the conduct of his defense. Therefore, his claim would require a CPL 440.10 motion and is unreviewable on direct appeal (see People v Sutton, 220 A.D.2d 351 [1995...

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