The following excerpt is from United States v. Lnu, No. 13-1900-cr (2nd Cir. 2014):
To prevail on a claim of ineffective assistance of counsel, a defendant must demonstrate that his counsel's conduct "fell below an objective standard of reasonableness" and "affirmatively prove prejudice," showing that "but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington, 466 U.S. 668, 687-88, 693-94 (1984).
However, we decline to address defendant's claim at this time since "a motion brought under [28 U.S .C.] 2255 is preferable to direct appeal for deciding claims of ineffective assistance." Massaro v. United States, 538 U.S. 500, 504 (2003).
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