PEOPLE v. ALMODOVAR

1749, 3946/08.

142 A.D.3d 916 (2016)

37 N.Y.S.3d 880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ESHAWN ALMODOVAR, Appellant.

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

Decided September 29, 2016.


Defendant's ineffective assistance of counsel argument involves matters not reflected in, or fully explained by, the record, and thus requires a CPL 440.10 motion. Although defendant raised his present claim in such a motion, the motion was denied and a justice of this Court denied leave to appeal. Accordingly, our review is limited to the trial record (see People v Evans, 16 N.Y.3d 571, 575 [2011]), and to the extent that record...

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