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PEOPLE v. STEWART

8953, 3830/06.

2013 NY Slip Op 00039

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

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

Decided January 8, 2013.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York ( Risa Gerson , of counsel), and Debevoise & Plimpton LLP, New York ( Stephanie O. Akpa of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Megan R. Roberts of counsel), for respondent.

Before: Tom, J.P., Andrias, Freedman, Román, Gische JJ.

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. On the existing record, to the extent...

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