| People v Ockrey |
| 2016 NY Slip Op 05722 [142 AD3d 511] |
| August 3, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Thomas Ockrey, Also Known as Ockrey Thomas,Appellant. |
Lynn W. L. Fahey, New York, NY (Jenin Younes of counsel), for appellant, andappellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, KeithDolan, and Sullivan & Cromwell LLP [Christopher B. Greene], of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Gary, J.), rendered July 19, 2013, convicting him of assault in the first degree andcriminal possession of a weapon in the fourth degree, after a nonjury trial, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention, raised in his main brief and his pro se supplementalbrief, that he was deprived of the effective assistance of counsel is based, in part, onmatter appearing on the record and, in part, on matter outside the record, and thusconstitutes a "mixed claim" of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011]; see People v Evans, 16 NY3d571, 575 [2011]). In this case, it is not evident from the matter appearing on therecord that the defendant was deprived of the effective assistance of counsel (see People v Fabers, 133 AD3d616, 617-618 [2015]; People v Addison, 107 AD3d 730, 732 [2013]). Since thedefendant's claim of ineffective assistance of counsel cannot be resolved withoutreference to matter outside the record, a CPL 440.10 proceeding is the appropriate forumfor reviewing the claim in its entirety (see People v Guzman, 138 AD3d 1140 [2016]; People v Renaud, 137 AD3d818, 820-821 [2016]; People v Addison, 107 AD3d at 732; People v Freeman, 93 AD3d805, 806 [2012]; People v Maxwell, 89 AD3d at 1109). Mastro, J.P., Rivera,Sgroi and Maltese, JJ., concur.