PEOPLE v. CAMPOS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Terence P. Murphy, J.), rendered October 18, 2022, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree and aggravated driving while intoxicated, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his attorney rendered 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, 933 N.Y.S.2d 386;  see People v. Evans, 16 N.Y.3d 571, 575 n. 2, 925 N.Y.S.2d 366, 949 N.E.2d 457).  Since the defendant's claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety, and we decline to review the claim on this direct appeal (see People v. Freeman, 93 A.D.3d 805, 806, 940 N.Y.S.2d 314;  People v. Maxwell, 89 A.D.3d at 1109, 933 N.Y.S.2d 386).

The contentions raised in the defendant's motion pursuant to CPL 440.10 are not properly before this Court on the appeal from the judgment inasmuch as the defendant did not seek leave to appeal from the order denying that motion (see People v. DeMicheli, 129 A.D.3d 743, 744, 10 N.Y.S.3d 330;  People v. Fontanet, 126 A.D.3d 723, 2 N.Y.S.3d 371;  People v. Washington, 45 A.D.3d 880, 881, 847 N.Y.S.2d 113).

DILLON, J.P., DOWLING, WARHIT and LOVE, JJ., concur.