Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Gerald Harris, J.), rendered July 25, 2006, after a jury trial, convicting him of three counts each of forcible touching and sexual abuse in the third degree, and imposing sentence.

Per Curiam:

Judgment of conviction (Gerald Harris, J.), rendered July 25, 2006, affirmed.

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record concerning the reasons for counsel's tactical decisions (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, there appear to be reasonable explanations for each of the actions of trial counsel now complained of by defendant.

Defendant's challenge to the admission of the testifying victim's reports of the sexual assault is unpreserved for appellate review (see CPL 470.05[2]), and we decline to review in the interest of justice. Were we to review, we would find that each qualified, under its own circumstances, as prompt outcry (see People v McDaniel, 81 NY2d 10, 16-18 [1993]), and thus were admissible (see People v Morales, 34 AD3d 396 [2006], lv denied 8 NY3d 925 [2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 23, 2008