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