People v. Soto

Appellate Division of the Supreme Court of New York

People v. Soto

161 A.D.2d 230, 555 N.Y.S.2d 601, 1990 N.Y. App. Div. LEXIS 4957

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 3, 1990

StatusPublished

This text of 161 A.D.2d 230 (People v. Soto) 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. Soto, 161 A.D.2d 230, 555 N.Y.S.2d 601, 1990 N.Y. App. Div. LEXIS 4957 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered on or about December 16, 1987, which convicted defendant, after jury trial, of robbery in the first degree and two counts of robbery in the second degree and sentenced him to three concurrent, indeterminate terms of imprisonment of 5 to 15 years, unanimously affirmed.

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 NY2d 137.)

[231]*231The 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.

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Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered on or about December 16, 1987, which convicted defendant, after jury trial, of robbery in the first degree and two counts of robbery in the second degree and sentenced him to three concurrent, indeterminate terms of imprisonment of 5 to 15 years, unanimously affirmed.

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 NY2d 137.)

[231]*231The 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.

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Bluebook (online)

161 A.D.2d 230, 555 N.Y.S.2d 601, 1990 N.Y. App. Div. LEXIS 4957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soto-nyappdiv-1990.

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