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PEOPLE v. WALLER

2016-08680, Ind. No. 15-00201.

171 A.D.3d 1223 (2019)

96 N.Y.S.3d 875

2019 NY Slip Op 03090

The People of the State of New York, Respondent, v. Shakeel Q. Waller, Appellant.

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

Decided April 24, 2019.

Ordered that the judgment is affirmed.

The defendant's contention that his attorney was ineffective 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, 16 N.Y.3d 571 [2011]). Since the defendant's claim of...

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