People v Rivera, 39 NY3d 1062 (2023)

2023 NY Slip Op 00802 [39 NY3d 1062]
February 14, 2023
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Storm N. Rivera, Appellant.

Decided February 14, 2023

People v Rivera, 206 AD3d 1356, affirmed.

{**39 NY3d at 1062} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed.{**39 NY3d at 1063} 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 NY3d 1178, 1179 [2020]). Defendant’s other arguments pertaining to County Court’s inquiry of juror No. 6 are unpreserved (see People v Bailey, 32 NY3d 70, 77-79 [2018]). Defendant’s remaining contentions do not require reversal.

Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman.