Majority
p. 810The People of the State of New York, Respondent, v Victor Soto, Appellant. [715 NYS2d 331]
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered July 26, 1995, convicting him of murder
p. 811
in the second degree, criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the failure of defense counsel to present a defense of extreme emotional disturbance did not constitute ineffective assistance of counsel (see, People v Benevento, 91 NY2d 708 ; People v Feris, 144 AD2d 691 ; People v Knights, 109 AD2d 910 ).
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Sullivan, J. P., S. Miller, H. Miller and Smith, JJ., concur.
Cases cited
- People v. Benevento 91 NY2d 708 p. 811
- People v. Suitte 90 AD2d 80 p. 811