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People v. Rosario

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 2007
43 A.D.3d 765 (N.Y. App. Div. 2007)

Opinion

No. 1548.

September 25, 2007.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered November 22, 2002, convicting defendant, after a nonjury trial, of attempted murder in the first degree (three counts), robbery in the first degree (two counts), attempted robbery in the first degree (two counts), attempted sexual abuse in the first degree, and assault in the first degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.

Carro Carro Mitchell, LLP, New York (John Carro of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), for respondent.

Before: Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.


Defendant's claim that counsel was ineffective for not persuading him to plead guilty and, instead, pursuing an insanity defense is not reviewable on direct appeal as it is based on matters outside the record ( see People v Rivera, 71 NY2d 705, 709; People v Love, 57 NY2d 998). On the existing record, to the extent it permits review, we find 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. Rosario

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 2007
43 A.D.3d 765 (N.Y. App. Div. 2007)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ROSARIO…

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

Date published: Sep 25, 2007

Citations

43 A.D.3d 765 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6930
841 N.Y.S.2d 777

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