PEOPLE v. TEJADA

Ind. No. 1036/16. Appeal No. 15672. Case No. 2018-3310.

204 A.D.3d 451 (2022)

164 N.Y.S.3d 431

2022 NY Slip Op 02349

The People of the State of New York, Respondent, v. Luis Tejada, Appellant.

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

Decided April 7, 2022.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( David Bernstein of counsel), and Cleary Gottlieb Steen & Hamilton, New York ( Tabitha P. Cohen , of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.


Defendant's ineffective assistance of counsel claims 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]). Because defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal. In the alternative...

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