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THE PEOPLE OF THE STATE OF NEW YORK v. POLLARD

3743, 3130/07.

78 A.D.3d 618 (2010)

912 N.Y.S.2d 192

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN POLLARD, Appellant.

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

Decided November 30, 2010.

Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters outside the record concerning counsel's strategic reasons for declining to employ a justification defense (see 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 assistance under the state and federal standards (see People v Benevento...

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