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PEOPLE v. DIAZ

8402. 3628/12.

169 A.D.3d 502 (2019)

94 N.Y.S.3d 45

2019 NY Slip Op 01146

The People of the State of New York, Respondent, v. Richard Diaz, Appellant.

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

Decided February 14, 2019.

Defendant's ineffective assistance of counsel claims relating to colloquies regarding defendant's absence from trial and to an incident involving a juror are unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v Rivera, 71 N.Y.2d 705, 709 [1988]; People v Love, 57 N.Y.2d 998 [1982]). Accordingly, since defendant has not...

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