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People v. Benshimon

34 A.D.3d 826, 823 N.Y.S.2d 905
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 28, 2006
StatusPublished

This text of 34 A.D.3d 826 (People v. Benshimon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Benshimon, 34 A.D.3d 826, 823 N.Y.S.2d 905 (N.Y. Ct. App. 2006).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered April 30, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the failure of defense counsel to present a defense of extreme emotional disturbance did not constitute ineffective assistance of counsel (see People v Caban, 5 NY3d 143, 152 [2005]; People v Soto, 276 AD2d 810 [2000]; People v Feris, 144 AD2d 691 [1988]; People v Knights, 109 AD2d 910 [1985]). Florio, J.P., Krausman, Mastro and Covello, JJ., concur.

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Related

People v. Caban
833 N.E.2d 213 (New York Court of Appeals, 2005)
People v. Knights
109 A.D.2d 910 (Appellate Division of the Supreme Court of New York, 1985)
People v. Feris
144 A.D.2d 691 (Appellate Division of the Supreme Court of New York, 1988)
People v. Soto
276 A.D.2d 810 (Appellate Division of the Supreme Court of New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
34 A.D.3d 826, 823 N.Y.S.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benshimon-nyappdiv-2006.