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The People, etc., respondent, v. Kerry Kotler, appellant. (Ind. No. 1028/96).

DECISION ORDER

ORDERED that on the court's own motion, pages 213 to 234 of the defendant's Appendix are stricken and the matters contained in that portion of the Appendix have not been considered as they relate to matters dehors the record; and it is further,

ORDERED that the order is affirmed.

The County Court properly denied the defendant's motion to vacate the judgment of conviction pursuant to CPL 440.10. The defendant's claims cannot be raised in a motion pursuant to CPL 440.10 as a substitute for direct appeal (see, CPL 440.10[2][b], [c]; People v. Cooks, 67 N.Y.2d 100 ).

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PEOPLE v. KOTLER
(Apr 13, 2000)