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People v. Lebron

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2010
77 A.D.3d 440 (N.Y. App. Div. 2010)

Opinion

No. 3326.

October 12, 2010.

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), rendered April 16, 2009, convicting defendant, after a jury trial, of attempted robbery in the first and second degrees, and sentencing him to an aggregate term of five years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

Before: Mazzarelli, J.P., Sweeny, Moskowitz, Acosta and Román, JJ.


Defendant's challenge to the court's response to a juror's note is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the court provided a meaningful response that was nearly identical to the one requested by defense counsel. Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters outside the record concerning counsel's strategy in requesting the response at issue ( see People v Love, 57 NY2d 998).


Summaries of

People v. Lebron

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2010
77 A.D.3d 440 (N.Y. App. Div. 2010)
Case details for

People v. Lebron

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENIN LEBRON, Appellant

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

Date published: Oct 12, 2010

Citations

77 A.D.3d 440 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7229
908 N.Y.S.2d 575