People v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant’s ineffective assistance claims primarily involve matters outside the record concerning counsel’s strategic choices and defendant’s input into those choices (see People v Love, 57 NY2d 998 [1982]). Although defendant raised these claims in an unsuccessful CEL 440.10 motion, defendant’s motion for leave to appeal to this Court was denied {see CPL 450.15 [1]; 460.15). Accordingly, while defendant’s claims are cognizable on direct appeal, our review is limited to the trial record (see People v Evans, 16 NY3d 571, 575 [2011]). To the extent the trial record permits review, we conclude…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. LoveNew York Court of Appeals · 1982
- People v. EvansNew York Court of Appeals · 2011
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3Cited by2 opinions
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2015