People v. Rivera

Centra and Pine, JJ. (dissenting).

We respectfully dissent and would affirm the judgment of conviction. In our view, the contention of defendant that he was denied effective assistance of counsel based solely on defense counsel’s failure to join in the prosecutor’s challenge for cause to the prospective juror in question involves matters of strategy outside the record on appeal (see People v Vilfort, 33 AD3d 368 [2006], lv denied 7 NY3d 929 [2006]). “The record does not reveal on what basis counsel might have concluded that [this was a] desirable juror[ ] for the defense . . . , [and] counsel…