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PEOPLE v. RIVERA

No. 30 SSM 20.

39 N.Y.3d 1062 (2023)

2023 NY Slip Op 00802

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STORM N. RIVERA, Appellant.

Court of Appeals of New York.

Decided February 14, 2023.

Attorney(s) appearing for the Case

Rural Law Center of New York, Inc., Castleton ( Kristin A. Bluvas of counsel), for appellant.

Gary M. Pasqua , District Attorney, Canton ( Matthew L. Peabody of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. On this record, defendant has not met his burden of showing that trial counsel's performance was constitutionally deficient and his claims regarding counsel's tactical decisions are based on matters dehors the record (see People v Hymes, 34 N.Y.3d 1178, 1179 [2020]). Defendant...

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