| People v Rivera |
| 2023 NY Slip Op 00802 [39 NY3d 1062] |
| February 14, 2023 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 8, 2023 |
| The People of the State of New York, Respondent, v Storm N. Rivera, Appellant. |
Decided February 14, 2023
People v Rivera, 206 AD3d 1356, affirmed.
Rural Law Center of New York, Inc., Castleton (Kristin A. Bluvas of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed.{**39 NY3d at 1063} On this record, defendant has not met his burden of showing that trial counsel's performance was constitutionally deficient and his claims regarding counsel's tactical decisions are based on matters dehors the record (see People v Hymes, 34 NY3d 1178, 1179 [2020]). Defendant's other arguments pertaining to County Court's inquiry of juror No. 6 are unpreserved (see People v Bailey, 32 NY3d 70, 77-79 [2018]). Defendant's remaining contentions do not require reversal.
Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman.