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PEOPLE v. ROSARIO

43 A.D.3d 765 (2007)

841 N.Y.S.2d 777

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ROSARIO, Appellant.

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

Decided September 25, 2007.

Defendant's claim that counsel was ineffective for not persuading him to plead guilty and, instead, pursuing an insanity defense is not reviewable on direct appeal as it is based on matters outside the record (see People v Rivera, 71 N.Y.2d 705, 709 [1988]; People v Love, 57 N.Y.2d 998 [1982]). On the existing record, to the extent it permits review, we find that defendant received effective...

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