PEOPLE, res, v. RONALD DEJESUS-PLAZA, def-ap

3982. PEOPLE, res, v. RONALD DEJESUS-PLAZA, def-ap — Rothstein Law PLLC, New York (Eric E. Rothstein of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Lori Ann Farrington of counsel), for res — Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered January 20, 2016, as amended July 25, 2016, convicting defendant, after a jury trial, of assault in the first degree (two counts) and assault in the third degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

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3982. PEOPLE, res, v. RONALD DEJESUS-PLAZA, def-ap — Rothstein Law PLLC, New York (Eric E. Rothstein of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Lori Ann Farrington of counsel), for res — Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered January 20, 2016, as amended July 25, 2016, convicting defendant, after a jury trial, of assault in the first degree (two counts) and assault in the third degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

Defendant’s ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v. Rivera, 71 NY2d 705, 709 [1988]; People v. Love, 57 NY2d 998 [1982]). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal. In the alternative, to the extent the existing record 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]; Strickland v. Washington, 466 US 668 [1984]). Defendant has not shown that any of counsel’s alleged deficiencies fell below an objective standard of reasonableness, or that, viewed individually or collectively, they deprived defendant of a fair trial or affected the outcome of the case. In particular, counsel’s deliberate elicitation, in an effort to discredit the police investigation, of evidence that would otherwise be inadmissible was both objectively reasonable and nonprejudicial (see e.g. People v. Steel, 207 AD2d 744, 744-745 [1st Dept 1994], lv denied 84 NY2d 1039 [1995]). Similarly, to the extent the record permits review, we reject defendant’s claim that counsel rendered ineffective assistance by failing to preserve certain issues, and we do not find that any lack of preservation may be excused on the ground of ineffective assistance.

PEOPLE, res, v. RONALD DEJESUS-PLAZA, def-ap

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