People v. Gayden

Record lacked sufficient evidence to allow Appellate Court to consider in defendant’s direct appeal, defendant’s claim that his trial counsel was ineffective for failing to file motion to quash defendant’s arrest based upon claim that police lacked authority to enter his property, where record was insufficient for determination as to whether defendant was lawfully arrested, whether said failure to file motion to quash was strategic or whether such motion would have been successful. While Appellate Court also observed that defendant could file post-conviction motion to resolve defendant’s ineffective assistance of counsel claim, defendant argued in its petition for leave to appeal that Appellate Court’s proposed remedy lacked due process since said remedy is non-existent, where he cannot file post-conviction petition because he has already served his sentence.