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People v. Soto

Appellate Division of the Supreme Court of New York, First Department
May 3, 1990
161 A.D.2d 230 (N.Y. App. Div. 1990)

Opinion

May 3, 1990

Appeal from the Supreme Court, New York County (Edwin Torres, J.).


We find no merit to defendant's claim that the evidence was insufficient to establish that he took part in the assault and robbery of the complaining witness. The complainant's clear identification testimony, defendant's admissions, and the police testimony established defendant's culpability. With the clarity of hindsight, defendant offers many suggestions and finds fault with trial counsel's efforts, but none of defendant's observations establish that counsel's efforts were constitutionally inadequate. (Cf., People v. Baldi, 54 N.Y.2d 137. )

The remaining contentions of defendant are not preserved as a matter of law and we therefore decline to reach them. Were we to consider them in the interests of justice, we would nevertheless affirm, finding them to be without merit.

Concur — Kupferman, J.P., Ross, Asch, Ellerin and Rubin, JJ.


Summaries of

People v. Soto

Appellate Division of the Supreme Court of New York, First Department
May 3, 1990
161 A.D.2d 230 (N.Y. App. Div. 1990)
Case details for

People v. Soto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SOTO, Appellant

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

Date published: May 3, 1990

Citations

161 A.D.2d 230 (N.Y. App. Div. 1990)