PEOPLE v. McPHERSON


14 A.D.3d 718 (2005)

789 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRISHA McPHERSON, Appellant.

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

January 31, 2005.


Ordered that the order is affirmed.

The Supreme Court erred in concluding that the defendant's motion to vacate her conviction was procedurally barred, since her claim of ineffective assistance of counsel involves matter dehors the record (see CPL 440.10). Nevertheless, the defendant failed to establish, prima facie, that she was deprived of meaningful representation (see People v Benevento, 91 N.Y.2d 708 [1998]; ...

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