PEOPLE v. REYES


11 A.D.3d 293 (2004)

782 N.Y.S.2d 457

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEOFILO REYES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 2004.


Since defendant's ineffective assistance of counsel contention involves matters outside the record relating to the reasons for trial counsel's failure to object to certain testimony, it would require a CPL 440.10 motion. To the extent the existing record permits review, it establishes that counsel provided effective assistance (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; see also Strickland v Washington,

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