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PEOPLE v. WAGSTAFF

2009-07427.

73 A.D.3d 955 (2010)

899 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FLOYD WAGSTAFF, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 11, 2010.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of the effective assistance of counsel is not properly before this Court since it is based upon matter that is outside the record (see People v Ali, 55 A.D.3d 919 [2008]; People v Drago, 50 A.D.3d 920 [2008]; People v LeGrady, 50 A.D.3d 1059

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