Opinion
No. 30 SSM 20
02-14-2023
The PEOPLE of the State of New York, Respondent, v. Storm N. RIVERA, Appellant.
Rural Law Center of New York, Inc., Castleton (Kristin A. Bluvas of counsel), for appellant. Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Rural Law Center of New York, Inc., Castleton (Kristin A. Bluvas of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules, order affirmed. On this record, defendant has not met his burden of showing that trial counsel's performance was constitutionally deficient and his claims regarding counsel's tactical decisions are based on matters dehors the record (see
People v. Hymes, 34 N.Y.3d 1178, 1179, 122 N.Y.S.3d 587, 145 N.E.3d 224 [2020] ). Defendant's other arguments pertaining to County Court's inquiry of juror No. 6 are unpreserved (see People v. Bailey, 32 N.Y.3d 70, 77–79, 85 N.Y.S.3d 377, 110 N.E.3d 489 [2018] ). Defendant's remaining contentions do not require reversal.
Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman concur.