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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SOUTHARD, Appellant.

Ordered that the judgment is affirmed.

The defendant's claim that he was not afforded the effective assistance of counsel is based on matters dehors the record and thus not reviewable on direct appeal (see, People v Walker, 152 A.D.2d 644; People v Bosley, 149 A.D.2d 520; People v Robinson, 122 A.D.2d 173). The appropriate remedy is a post-conviction motion pursuant to CPL 440.10 (see, People v Walker, supra; People v Bosley, supra). Mangano, J.P., Kunzeman, Eiber and Kooper, JJ., concur.

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PEOPLE v. SOUTHARD
(Feb 5, 1990)