Majority
p. 566The People of the State of New York, Respondent, v Xavier Rayan, Appellant. [951 NYS2d 875]
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
p. 567
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.
Cases cited
- People v. Rivera 71 NY2d 705 at 709 p. 566
- People v. Love 57 NY2d 998 p. 566
- People v. Benevento 91 NY2d 708 at 713-714 p. 567
- Strickland v. Washington 466 US 668 p. 567