People v. Barro

Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered January 17, 2014, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol or drugs, and sentencing him to a conditional discharge for a period of 3 years and a $1,000 fine, unanimously affirmed.

Defendant’s ineffective assistance of counsel claim based on his counsel’s failure to challenge the use of an out-of-state conviction to elevate a misdemeanor to a felony charge is unreviewable on direct appeal, because the record does not explain counsel’s reasons for…