The People v. Luis Serrano
This text of The People v. Luis Serrano (The People v. Luis Serrano) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.
No. 68 SSM 14 The People &c., Respondent, v. Luis Serrano, Appellant.
Submitted by Steven M. Sharp, for appellant. Submitted by Peter H. Willis, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. County Court properly
denied defendant’s request to charge assault in the third degree (Penal Law § 120.00 [1])
as a lesser included offense of assault in the first degree (see People v Almonte, 33 NY3d
-1- -2- SSM No. 14
1083, 1084 [2019]). Furthermore, defendant received effective assistance of counsel (see
People v Benevento, 91 NY2d 708, 712-715 [1998]). Defendant’s remaining contentions,
in particular his challenges to the admission of certain testimony, are unpreserved or
waived.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.
Decided June 16, 2022
-2-
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