New York Supreme and/or Appellate Courts Appellate Division, First Department
October 16, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
XAVIER RAYAN, DEFENDANT-APPELLANT.
People v Rayan
Decided on October 16, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom J.P., Mazzarelli, Andrias, DeGrasse, Roman, JJ.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered September 16, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of six months, unanimously affirmed.
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 ; People v Love, 57 NY2d 998 ). On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 ; see also Strickland v Washington, 466 US 668 ). Defendant has not shown that counsel's alleged deficiencies deprived defendant of a fair trial or affected the outcome.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 16, 2012
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