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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMY WILCOX, Appellant.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see, Anders v California, 386 U.S. 738; People v Paige, 54 A.D.2d 631; cf., People v Gonzalez, 47 N.Y.2d 606).

The defendant's pro se claim of ineffective assistance of trial counsel is based on matters which are dehors the record and thus is not reviewable on direct appeal. His appropriate remedy is a postconviction proceeding pursuant to CPL 440.10 (see, People v Candelaria, 139 A.D.2d 752). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.

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PEOPLE v. WILCOX
(Feb 21, 1989)