People v. Copeland

Citation148 A.D.3d 719,48 N.Y.S.3d 710
Parties The PEOPLE, etc., respondent, v. Phillip COPELAND, appellant.
Decision Date01 March 2017
CourtNew York Supreme Court Appellate Division

148 A.D.3d 719
48 N.Y.S.3d 710

The PEOPLE, etc., respondent,
v.
Phillip COPELAND, appellant.

Supreme Court, Appellate Division, Second Department, New York.

March 1, 2017.


48 N.Y.S.3d 710

Marianne Karas, Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and Laurie G. Sapakoff of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL and JEFFREY A. COHEN, JJ.

148 A.D.3d 719

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered October 20, 2015, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim that he was deprived of the constitutional right to the effective 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 A.D.3d 1108, 1109, 933 N.Y.S.2d 386 ). In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel (see People v. Addison, 107 A.D.3d 730, 732, 966 N.Y.S.2d 217 ; cf. People v. Crump, 53 N.Y.2d 824, 440 N.Y.S.2d 170, 422 N.E.2d 815 ; People v. Brown, 45 N.Y.2d 852, 410 N.Y.S.2d 287, 382 N.E.2d 1149 ). 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 (see People v. Addison, 107 A.D.3d at 732, 966 N.Y.S.2d 217 ; People v. Freeman, 93 A.D.3d...

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2 cases
  • People v. Coleman
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Marzo 2017
    ...of such charge as "a lesser included offense ... as defined in section 220.20 of 48 N.Y.S.3d 481the criminal procedure law." CPL 220.20(1)148 A.D.3d 719defines a "lesser included offense" as one where the defendant pleads "to an offense of lesser grade than one charged in a count of an indi......
  • People v. Blackwood
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Marzo 2017
    ...right that would otherwise survive a guilty plea" (People v. Hansen, 95 N.Y.2d 227, 230 n. 1, 715 N.Y.S.2d 369, 738 N.E.2d 773 ; see 48 N.Y.S.3d 710People v. Johnson, 14 N.Y.3d at 486, 903 N.Y.S.2d 299, 929 N.E.2d 361 ). "The best way to ensure that the record reflects that the right is kno......

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