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People v. Castrillo

260 A.D.2d 280 Court N.Y. App. Div. Decision date 1999-04-22 English

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p. 280
The People of the State of New York, Respondent, v Israel Castrillo, Also Known as Israel Ortiz, Also Known as Israel Castillo, Appellant.
[690 NYS2d 10]

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered May 21, 1996, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion, since the prior convictions were probative of defendant’s credibility, as were his prior use of aliases and false dates of birth (see, People v Walker, 83 NY2d 455 ).

On the existing record, which defendant has not sought to amplify by way of a CPL article 440 motion whereby matters of strategy could be explained (see, People v Love, 57 NY2d 998 ), we conclude that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708 , 713-714; People v Hobot, 84 NY2d 1021 , 1024).

We perceive no abuse of sentencing discretion. Concur— Nardelli, J. P., Williams, Tom, Rubin and Friedman, JJ.

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