People v Vasquez
2019 NY Slip Op 07992 [177 AD3d 405]
November 7, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


[*1]
 The People of the State of New York, Respondent,
v
Johanna Vasquez, Appellant.

Christina A. Swarns, Office of the Appellate Defender, New York (David Billingsley of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.

Judgment, Supreme Court, New York County (Patricia M. Nuñez, J.), rendered November 3, 2016, convicting defendant, after a jury trial, of unlawfully dealing with a child in the first degree, and sentencing her to three years' probation, unanimously affirmed.

Defendant's duplicity argument is unpreserved (see People v Allen, 24 NY3d 441, 449-450 [2014]), and we decline to review it in the interest of justice.

Defendant's ineffective assistance claim implicates counsel's strategy and thus requires expansion of the record by way of a CPL 440.10 motion. Concur—Richter, J.P., Webber, Gesmer, Oing, JJ.