Legal Opinion

People v. Cruz

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 2011PublishedCited by 2 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. LoveNew York Court of Appeals · 1982
  5. People v. EvansNew York Court of Appeals · 2011

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3Cited by2 opinions

  1. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2015

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