People v. Resto

Appellate Division of the Supreme Court of New York

People v. Resto

79 A.D.3d 1682, 913 N.Y.S.2d 623

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 2010·Published

Opinion

Appeal from a judgment of the Supreme Court, Monroe County (Stephen K. Bindley, J.), rendered September 13, 2007. The judgment convicted defendant, upon a nonjury verdict, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

[1683] Memorandum: Defendant appeals from a judgment convicting her upon a nonjury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]). Defendant failed to preserve for our review her challenge to the legal sufficiency of the evidence (see People v Gray, 86 NY2d 10, 19 [1995]). We reject the further contention of defendant that she was denied effective assistance of counsel (see People v McDaniel, 13 NY3d 751 [2009]; People v Forsythe, 59 AD3d 1121, 1123 [2009], lv denied 12 NY3d 816 [2009]; see generally People v Baldi, 54 NY2d 137, 147 [1981]). Finally, the sentence is not unduly harsh or severe. Present— Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.

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Appeal from a judgment of the Supreme Court, Monroe County (Stephen K. Bindley, J.), rendered September 13, 2007. The judgment convicted defendant, upon a nonjury verdict, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

[1683] Memorandum: Defendant appeals from a judgment convicting her upon a nonjury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]). Defendant failed to preserve for our review her challenge to the legal sufficiency of the evidence (see People v Gray, 86 NY2d 10, 19 [1995]). We reject the further contention of defendant that she was denied effective assistance of counsel (see People v McDaniel, 13 NY3d 751 [2009]; People v Forsythe, 59 AD3d 1121, 1123 [2009], lv denied 12 NY3d 816 [2009]; see generally People v Baldi, 54 NY2d 137, 147 [1981]). Finally, the sentence is not unduly harsh or severe. Present— Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.

People v. Resto, 79 A.D.3d 1682, 913 N.Y.S.2d 623 (N.Y. Ct. App. 2010).

Pincite

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Opinion

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