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PEOPLE v. HERRERA

2006-05006.

99 A.D.3d 813 (2012)

951 N.Y.S.2d 888

2012 NY Slip Op 6820

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS HERRERA, Also Known as RONALD DOUGLAS HERRERA-CASTELLANOS, Appellant.

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

October 10, 2012.

Ordered that the judgment is affirmed.

The defendant's claim that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus constitutes a "`mixed claim[]' of ineffective assistance" (People v Maxwell, 89 A.D.3d 1108, 1109 [2011], quoting People v Evans,

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