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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDISON FLORES, Appellant.

Defendant's claim of ineffective assistance of counsel is unreviewable on direct appeal because it involves matters outside the record concerning defense counsel's choice of trial strategy ( see People v Love, 57 NY2d 998). Although the present, unexpanded record is not conclusive on the matter, it suggests that defendant agreed with the very actions of counsel about which he now complains. In any event, defendant has not demonstrated "the absence of strategic or other legitimate explanations" ( People v Rivera, 71 NY2d 705, 709) for the manner in which counsel conducted the trial.

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PEOPLE v. FLORES
(May 25, 2010)