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PEOPLE v. McPARTLAND

2019-09927. Ind. No. 19/18.

198 A.D.3d 818 (2021)

152 N.Y.S.3d 615

2021 NY Slip Op 05592

The People of the State of New York, Respondent, v. Michael McPartland, Appellant.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Paul N. Weber , Cornwall, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Robert H. Middlemiss of counsel), for respondent.

Chambers, J.P., Barros, Wooten and Dowling, 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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