Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal since it primarily involves questions of trial strategy and matters outside the record, especially with regard to differences defendant and counsel may have had concerning the decision that defendant would not testify, and these are the types of matters that would require expansion of the record by way of a CPL 440.10 motion (see People v Rivera,
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PEOPLE v. DIAZ
303 A.D.2d 167 (2003)
756 N.Y.S.2d 186
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT DIAZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided March 4, 2003.
Decided March 4, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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