From Casetext: Smarter Legal Research

People v. Texidor

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2005
22 A.D.3d 320 (N.Y. App. Div. 2005)

Opinion

6751.

October 13, 2005.

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered June 20, 2002, convicting defendant, after a jury trial, of burglary in the second degree, attempted sexual abuse in the first degree and assault in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 14 years, 1½ to 3 years and 1 year, respectively, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jill Graziano of counsel), for respondent.

Before: Andrias, J.P., Friedman, Sullivan and Gonzalez, JJ.


The court's brief and innocuous reference, in its Allen charge, to the need to retry the case if the jury did not reach a verdict, was not coercive under the circumstances ( compare People v. Huarotte, 134 AD2d 166). Defendant's remaining complaints about the Allen charge are unpreserved and we decline to review them in the interest of justice. Were we to reach these claims, we would find no basis for reversal.

The record establishes that defendant received effective assistance under the state and federal standards ( see People v. Benevento, 91 NY2d 708, 713-714; see also Strickland v. Washington, 466 US 668).

We perceive no basis for reducing the sentence.


Summaries of

People v. Texidor

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2005
22 A.D.3d 320 (N.Y. App. Div. 2005)
Case details for

People v. Texidor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL TEXIDOR…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 13, 2005

Citations

22 A.D.3d 320 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7596
801 N.Y.S.2d 743

Citing Cases

People v. Texidor

November 29, 2005. Appeal from 1st Dept: 22 AD3d 320 (NY). Application in criminal case for leave to appeal…

People v. Strother

Defendant's challenge to the trial court's Allen charge is not preserved and we decline to review it in the…