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PEOPLE v. CRUZ

Nos. 5746, 906/05.

88 A.D.3d 540 (2011)

931 N.Y.S.2d 46

2011 NY Slip Op 7286

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIO CRUZ, Appellant.

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

Decided October 18, 2011.

Defendant's ineffective assistance claims primarily involve matters outside the record concerning counsel's strategic choices and defendant's input into those choices (see People v Love, 57 N.Y.2d 998 [1982]). Although defendant raised these claims in an unsuccessful CPL 440.10 motion, defendant's motion for leave to appeal to this Court was denied (see CPL 450.15 [1]; 460.15). Accordingly, while defendant's claims are cognizable...

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