People v. Benevento

Upon remittitur from the Court of Appeals and upon consideration of the facts of record (CPL 470.25 [2] [d]), judgment, Supreme Court, New York County (Jay Gold, J.), rendered May 12, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of IV2 to 4V2 years’ imprisonment, unanimously affirmed.

Defendant appealed on a single issue of law, arguing that he was deprived of the effective assistance of counsel. This Court reviewed the facts, finding that “the record * * * contains overwhelming evidence of defendant’s guilt” ( 239 AD2d 132 , 133), but concluded that reversal of the judgment of conviction was nevertheless compelled under the authority of People v Baldi ( 54 NY2d 137 , 147). The Court of Appeals having reversed and found that defendant was provided with meaningful representation under the circumstances ( 91 NY2d 708 ), there are no remaining issues for this Court’s consideration. Concur — Rosenberger, J. P., Nardelli, Rubin and Mazzarelli, JJ.