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The People of the State of New York v. Melvin Carter
Judgment unanimously affirmed. Under the circumstances the issue of ineffective assistance of counsel should properly be raised in a motion to vacate the judgment pursuant to CPL 440.10 (see People v Crump, 74 AD2d 719). (Appeal from judgment of Erie County Court —burglary, third degree and another charge.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.