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PEOPLE v. REYES

Ind No. 3332/18. Appeal No. 15762. Case No. 2021-01613.

204 A.D.3d 547 (2022)

164 N.Y.S.3d 284

2022 NY Slip Op 02635

The People of the State of New York, Respondent, v. Juan C. Reyes, Appellant.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Nathan Shi of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, 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, particularly with regard to off-the-record discussions (see People v Love, 57 N.Y.2d 998 [1982]). Although defendant made a CPL 440.10 motion, it involved different claims from those now being raised. Accordingly, the merits of the present ineffectiveness claims may...

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