¶1Judgment 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.
78 A.D.2d 590
People v. Carter
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1980
Appellate Division of the Supreme Court of the State of New York · decided 1980-09-26
Decided 1980-09-26