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PEOPLE v. MONCAYO

2016-12196. Ind. No. 3115/13.

195 A.D.3d 750 (2021)

144 N.Y.S.3d 871

2021 NY Slip Op 03613

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

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure, New York, NY (Sean H. Murray of counsel), for appellant, and appellant pro se.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Nancy Fitzpatrick Talcott of counsel), for respondent.

Dillon, J.P., Chambers, Austin and Duffy, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's claim of ineffective 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]). Since the defendant's...

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