People v. Benshimon

Appellate Division of the Supreme Court of New York

People v. Benshimon

34 A.D.3d 826, 823 N.Y.S.2d 905

Appellate Division of the Supreme Court of the State of New York·Decided November 28, 2006·Published

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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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.

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

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Opinion

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