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PEOPLE, res, v. ELLA BLUE, def-ap

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.

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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]).

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