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PEOPLE v. STEWART

8953, 3830/06.

102 A.D.3d 439 (2013)

958 N.Y.S.2d 97

2013 NY Slip Op 39

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN STEWART, Appellant.

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

Decided January 8, 2013.

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or not fully explained by, the trial record concerning counsel's preparation and strategic choices (see People v Love, 57 N.Y.2d 998 [1982]). These matters include, among other things, counsel's reasons for considering but not pursuing an intoxication defense...

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