People v. Campos

People v Campos (2025 NY Slip Op 01383) People v Campos 2025 NY Slip Op 01383 Decided on March 12, 2025 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on March 12, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. DEBORAH A. DOWLING BARRY E. WARHIT LAURENCE L. LOVE, JJ. 2023-04565 (Ind. No. 70579/21) [*1]The People of the State of New York, respondent, v Erick Campos, appellant. Martin Goldberg, Franklin Square, NY, for appellant. Anne T. Donnelly, District Attorney, Mineola, NY (Jason R. Richards and Monica M.C. Leiter of counsel), for respondent. 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 AD3d 1108, 1109; see People v Evans, 16 NY3d 571, 575 n 2). 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 AD3d 805, 806; People v Maxwell, 89 AD3d at 1109). 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 AD3d 743, 744; People v Fontanet, 126 AD3d 723; People v Washington, 45 AD3d 880, 881). DILLON, J.P., DOWLING, WARHIT and LOVE, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court