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PEOPLE v. SANDERS

2010-10767, Ind. No. 399/08.

148 A.D.3d 846 (2017)

2017 NY Slip Op 01719

47 N.Y.S.3d 914

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON SANDERS, Appellant.

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

Decided March 8, 2017.

Ordered that the judgment is affirmed.

The defendant's claim of ineffective assistance of counsel is based, in part, upon 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]). In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective...

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