Can a motion for a new trial be brought against counsel for ineffective assistance?

Here, appellant brought forth his claim of ineffective assistance of counsel through a motion for new trial. Such an allegation is not a statutory ground for making a new trial motion under Penal Code section 1181. Rather, "motions alleging ineffective assistance are permitted pursuant to `the constitutional duty of trial courts to ensure that defendants be accorded due process of law.' [Citation.]" (People v. Callahan (2004) 124 Cal.App.4th 198, 209.)