People v Rayan
2012 NY Slip Op 06891 [99 AD3d 566]
October 16, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Xavier Rayan, Appellant.

[*1] Richard M. Greenberg, Office of Appellate Defender, New York (Margaret E. Knight of counsel), and Jones Day, New York (James A.A. Kirk of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered September 16, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of six months, unanimously affirmed.

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they primarily involve matters of strategy not reflected in, or not fully explained by, the trial record (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 has not shown that counsel's alleged deficiencies deprived defendant of a fair trial or affected the outcome. Concur—Tom, J.P., Mazzarelli, Andrias, DeGrasse and Román, JJ.