| People v Campbell |
| 2017 NY Slip Op 07158 [30 NY3d 941] |
| October 12, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 29, 2017 |
| The People of the State of New York, Respondent, v Ross Campbell, Appellant. |
Argued September 12, 2017; decided October 12, 2017
People v Campbell, 131 AD3d 882, affirmed.
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 NY3d 813, 831 [2016]). Defendant "must demonstrate the absence of strategic or [*2]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 {**30 NY3d at 943}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 NY3d 63, 66 [2016], quoting People v Brown, 45 NY2d 852, 854 [1978]).
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
Order affirmed, in a memorandum.