People v. Cooper, 1
| Decision Date | 26 December 1991 |
| Docket Number | No. 1,1 |
| Citation | 579 N.Y.S.2d 770,178 A.D.2d 971 |
| Parties | PEOPLE of the State of New York, Respondent, v. George COOPER, Appellant. Appeal |
| Court | New York Supreme Court — Appellate Division |
Linda S. Reynolds by Thomas E. Webb, Jr., Buffalo, for appellant.
Kevin M. Dillon by Rosanne Johnson, Buffalo, for respondent.
Before CALLAHAN, J.P., and BOOMER, GREEN, PINE and BALIO, JJ.
Defendant contends that he was denied effective assistance of trial counsel due to an alleged conflict of interest and of appellate counsel due to undue delay in perfecting his appeal. Because the allegations raised on these issues involve matters which are foreign to the stipulated record, they may not be considered on direct appeal (see, People v. Ores, 108 A.D.2d 931, 485 N.Y.S.2d 824; People v. Roberts, 89 A.D.2d 912, 453 N.Y.S.2d 727). All other issues raised on appeal were addressed in People v. Green, 170 A.D.2d 1024, 565 N.Y.S.2d 946, lv. denied, 78 N.Y.2d 966, 574 N.Y.S.2d 946, 580 N.E.2d 418.
Judgment unanimously affirmed.
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People v. Cooper
...that he had been denied the effective assistance of counsel since it involved matters dehors the appellate record (cf. People v. Cooper, 178 A.D.2d 971, 579 N.Y.S.2d 770). II "It is indisputable that one accused of committing a crime is entitled to the effective assistance of counsel. Such ......
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