| People v Ilori |
| 2008 NY Slip Op 05794 [52 AD3d 419] [52 AD3d 419] |
| June 26, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Adedayo Ilori, Appellant. |
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Robert M. Morgenthau, District Attorney, New York (Alan Gadlin of counsel), for
respondent.
Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they primarily involve matters outside the record concerning trial counsel's investigation, preparation and strategy (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]).
Defendant's challenges to the court's preliminary jury instructions, and to its overall conduct of the trial, are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we find that neither claim warrants reversal. Concur—Lippman, P.J., Tom, Andrias and Saxe, JJ.