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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERTO OQUENDO, Appellant.

Judgment affirmed.

Contrary to defendant's contention, his guilt was proven overwhelmingly beyond a reasonable doubt. Also, the trial court's Sandoval ruling, permitting inquiry into a single conviction, was not an abuse of discretion ( see, People v. Williams, 56 N.Y.2d 236; People v. Davis, 44 N.Y.2d 269; People v. Sandoval, 34 N.Y.2d 371). To the extent that defendant's claim of ineffective assistance of counsel is based on facts outside the record, defendant's appropriate remedy is to bring a postconviction proceeding under CPL 440.10 ( see, People v. Brown, 45 N.Y.2d 852; People v. Drummond, 99 A.D.2d 760). We have considered defendant's other claims and we reject them. Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.

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PEOPLE v. OQUENDO
(Aug 5, 1985)