People v Taveras (Helky)

[*1] People v Taveras (Helky) 2015 NY Slip Op 51839(U) Decided on December 17, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 17, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Ling-Cohan, JJ.
571034/14

The People of the State of New York, Respondent,

against

Helky Taveras, Defendant-Respondent.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Richard R. Ross, J.H.O.), rendered October 10, 2014, after a nonjury trial, convicting him of reckless driving, and imposing sentence.

Per Curiam.

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 AD3d 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 AD3d 12, 23 [2014] [citation omitted]; see People v Caldavado, __ NY3d __, 2015 NY Slip Op 08614 [2015]; People v Griffin, 120 AD3d 1257 [2014], lv denied 24 NY3d 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 NY2d 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 NY3d 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.

I concur I concur I concur
Decision Date: December 17, 2015