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PEOPLE v. OCKREY

2013-08204, Ind. No. 275/08.

142 A.D.3d 511 (2016)

35 N.Y.S.3d 921

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS OCKREY, Also Known as OCKREY THOMAS, Appellant.

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

Decided August 3, 2016.

Ordered that the judgment is affirmed.

The defendant's contention, raised in his main brief and his pro se supplemental brief, 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]; see People v Evans,

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