Opinion
10-12-2017
The PEOPLE & c., Respondent, v. Ross CAMPBELL, Appellant.
Robert S. Dean, Center for Appellate Litigation, New York City (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Ramandeep Singh, Nancy D. Killian and Peter D. Coddington of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York City (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Ramandeep Singh, Nancy D. Killian and Peter D. Coddington of counsel), for respondent.
MEMORANDUM:The order of the Appellate Division should be affirmed.
Under both federal and state constitutional standards, defendant "bears the burden of establishing his claim[s] that counsel's performance is constitutionally deficient" ( People v. Nicholson, 26 N.Y.3d 813, 831, 28 N.Y.S.3d 663, 48 N.E.3d 944 [2016] ). Defendant "must demonstrate the absence of strategic or other legitimate explanations for counsel's alleged failure" (id. ). On this record, defendant has not met that burden.
Defendant presents ineffective assistance of counsel claims that are "of the type where ‘it ... [is] essential[ ] that an appellate attack on the effectiveness of counsel be bottomed on an evidentiary exploration by collateral or post-conviction proceeding brought under CPL 440.10 ’ " ( People v. Henderson, 28 N.Y.3d 63, 66, 41 N.Y.S.3d 464, 64 N.E.3d 284 [2016], quoting People v. Brown, 45 N.Y.2d 852, 854, 410 N.Y.S.2d 287, 382 N.E.2d 1149 [1978] ).
Order affirmed, in a memorandum.
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.