PEOPLE v. BARRO

2135, 5453/12.

144 A.D.3d 448 (2016)

2016 NY Slip Op 07271

39 N.Y.S.3d 790

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JELANI BARRO, Appellant.

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

Decided November 3, 2016.


Defendant's ineffective assistance of counsel claim based on his counsel's failure to challenge the use of an out-of-state conviction to elevate a misdemeanor to a felony charge is unreviewable on direct appeal, because the record does not explain counsel's reasons for declining to raise such a challenge (see People v Diaz, 115 A.D.3d 483, 484 [1st Dept 2014], lv denied 23 N.Y.3d 1036 [2014...

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