People v Arriaga, 2011 NY Slip Op 08676 [90 AD3d 416]

Dcmbr 1, 2011

Appellate Division, First Department

— [*1]

Murray Richman, Bronx (Brian Alexander Jacobs of counsel), for appellant.

Anthony Arriaga, appellant pro se.

Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Thomas A. Farber, J.), rendered January 19, 2006, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson , 9 NY3d 342 , 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning identification and credibility, including its evaluation of alleged inconsistencies in testimony.

Defendant’s challenges to the People’s summation are unpreserved ( see People v Romero , 7 NY3d 911 [2006]), and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal ( see People v D’Alessandro , 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). To the extent the summation contained any improprieties, the court took curative actions that were sufficient to prevent any prejudice ( see id. ).

Defendant’s pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they generally involve matters outside the record concerning counsel’s preparation and strategy ( see People v Rivera , 71 NY2d 705, 709 [1988]; People v Love , 57 NY2d 998 [1982]). To the extent the existing record permits review, we find that defendant [*2] 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]). We have considered and rejected defendant’s remaining pro se claims. Concur—Tom, J.P., Andrias, Catterson, Abdus-Salaam and RomÁn, JJ..