X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

10297. PEOPLE, res, v. ELLA BLUE, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Brian R. Pouliot of counsel), for res — Judgment, Supreme Court, New York County (Cassandra M. Mullen, J.), rendered December 20, 2010, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony drug offender, to a term of five years, unanimously affirmed.

Defendant’s ineffective assistance of counsel claims are generally unreviewable on direct appeal because they involve matters outside of, or not fully explained by, the record (see People v. Rivera, 71 NY2d 705, 709 [1988]; People v. Love, 57 NY2d 998 [1982]). These matters not only implicate counsel’s trial strategy and preparation, but also involve undeveloped factual matters such as the nature and contents of documents not received in evidence. The unexpanded record is insufficient to evaluate either the reasonableness or prejudice prongs of a state or federal ineffectiveness claim (see People v. Cortez, 85 AD3d 409, 410 [1st Dept 2011], lv denied 19 NY3d 972 [2012]). 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]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

DEPUTY PORT ATTORNEY III Oakland, CA Salary: $17,294 - $21,419/month, 37.5-hr work week Your Port. Your Community. Your Career. Whe...


Apply Now ›

Stern, Lavinthal & Frankenberg, LLC, is seeking a foreclosure attorney experienced in the NJ and/or NY foreclosure process and default l...


Apply Now ›

Mineola defense firm seeks attorneys with 3-5 years of actual insurance defense experience to handle complex general liability matters. Sala...


Apply Now ›