People v. Rayan

99 A.D.3d 566, 951 N.Y.2d 875

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 16, 2012
• Status: Published

Opinion

Defendant’s ineffective assistance of counsel claims are unreviewable on direct appeal because they primarily involve matters of strategy not reflected in, or not fully explained by, the trial record (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Defendant has not shown that counsel’s alleged deficiencies deprived defendant of a fair trial or affected the outcome. Concur — Tom, J.E, Mazzarelli, Andrias, DeGrasse and Román, JJ.