People v. Southard

Appellate Division of the Supreme Court of New York

People v. Southard

158 A.D.2d 490

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 5, 1990

StatusPublished

Cited by3 cases

This text of 158 A.D.2d 490 (People v. Southard) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Southard, 158 A.D.2d 490 (N.Y. Ct. App. 1990).

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Opinion

The defendant’s claim that he was not afforded the effective assistance of counsel is based on matters dehors the record and thus not reviewable on direct appeal (see, People v Walker, 152 AD2d 644; People v Bosley, 149 AD2d 520; People v Robinson, 122 AD2d 173). The appropriate remedy is a post-conviction motion pursuant to CPL 440.10 (see, People v Walker, supra; People v Bosley, supra). Mangano, J. P., Kunzeman, Eiber and Kooper, JJ., concur.

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The defendant’s claim that he was not afforded the effective assistance of counsel is based on matters dehors the record and thus not reviewable on direct appeal (see, People v Walker, 152 AD2d 644; People v Bosley, 149 AD2d 520; People v Robinson, 122 AD2d 173). The appropriate remedy is a post-conviction motion pursuant to CPL 440.10 (see, People v Walker, supra; People v Bosley, supra). Mangano, J. P., Kunzeman, Eiber and Kooper, JJ., concur.

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Bluebook (online)

158 A.D.2d 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-southard-nyappdiv-1990.

Opinion

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