Opinion
No. 571034/14.
12-17-2015
The PEOPLE of the State of New York, Respondent, v. Helky TAVERAS, Defendant–Respondent.
Judgment of conviction (Richard R. Ross, J.H.O.), rendered October 10, 2014, affirmed.
Defendant's actual innocence claim is unavailing because it is based on the same evidence that the trial court discredited (see People v. Macon, 129 A.D.3d 484 [2015] ). “[A]ctual innocence' means factual innocence, not mere legal insufficiency of evidence of guilt ... and must be based upon reliable evidence which was not presented at the trial” (People v. Hamilton, 115 A.D.3d 12, 23 [2014] [citation omitted]; see People v. Caldavado, –––N.Y.3d ––––, 2015 N.Y. Slip Op 08614 [2015] ; People v. Griffin. 120 A.D.3d 1257 [2014], lv denied 24 N.Y.3d 1120 [2015] ).
Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record concerning trial counsel's strategic decisions (see People v. Rivera, 71 N.Y.2d 705, 709 [1988] ). To the extent the record permits review, it does not support a finding that defendant was denied meaningful representation (see People v. Baker, 14 N.Y.3d 266, 270–271 [2010] ). Contrary to defendant's specific claim, the record reflects that, prior to trial, defendant was extensively advised by the court and his counsel that he was charged with a misdemeanor.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.