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PEOPLE v. BONILLA

2019-10448. Ind. No. 18-00960.

194 A.D.3d 830 (2021)

143 N.Y.S.3d 901

2021 NY Slip Op 03044

The People of the State of New York, Respondent, v. Ivan Bonilla, Appellant.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Judith E. Permutt , Mount Vernon, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( William C. Milaccio and Brian R. Pouliot of counsel), for respondent.

Chambers, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.

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" (People v Maxwell, 89 A.D.3d 1108, 1109 [2011]; see People v Evans, 16 N.Y.3d 571, 575 n 2 [2011...

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