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PEOPLE v. RODRIGUEZ

2014-08727, Ind. No. 5447/10.

170 A.D.3d 1045 (2019)

94 N.Y.S.3d 446

2019 NY Slip Op 02123

The People of the State of New York, Respondent, v. Eduardo P. Rodriguez, Appellant.

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

Decided March 20, 2019.

Ordered that the judgment is affirmed.

The defendant's contention 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 (see 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...

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