PEOPLE v. LEBRON

3326, 343/08.

77 A.D.3d 440 (2010)

908 N.Y.S.2d 575

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENIN LEBRON, Appellant.

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

Decided October 12, 2010.


Defendant's challenge to the court's response to a juror's note is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the court provided a meaningful response that was nearly identical to the one requested by defense counsel. Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters outside the record concerning counsel's strategy in requesting the response at issue...

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