PEOPLE v. MCENANEY (2025)

Judgment, Supreme Court, New York County (Felicia A. Mennin, J.), rendered February 29, 2024, convicting defendant, upon his guilty plea, of promoting prostitution in the third degree, and sentencing him, to a jail term of four months to run concurrently with five years of probation, unanimously affirmed.

Defendant's contention that his counsel rendered ineffective assistance due to a failure to investigate the facts and law of the case, to file specific motions, and to include defendant at material stages of the trial is unreviewable on direct appeal because it involves matters not reflected in the record and, thus, must be raised in a CPL 440.10 motion (see e.g. People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698 [1988];  People v. Sargsyan, 71 A.D.3d 401, 894 N.Y.S.2d 867 [1st Dept. 2010];  People v. Bello, 23 A.D.3d 152, 153, 802 N.Y.S.2d 692 [1st Dept. 2005]).

To the extent the existing record permits review, defendant received effective assistance of counsel under the state and federal standards (see People v. Benevento, 91 N.Y.2d 708, 712–714, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998];  Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 [1984]).  Defendant failed to show that any of counsel's alleged deficiencies fell below an objective standard of reasonableness, or that, viewed individually or collectively, they deprived him of a fair trial or affected the outcome of the case.  In particular, the favorable nature of the plea bargain demonstrates that defendant received effective assistance (see People v. Mitchell, 89 A.D.3d 628, 628, 933 N.Y.S.2d 271 [1st Dept. 2011], affd 21 N.Y.3d 964, 970 N.Y.S.2d 919, 993 N.E.2d 405 [2013]).