Majority
p. 1682The People of the State of New York, Respondent, v Rosa Y. Resto, Appellant. [913 NYS2d 623]
Appeal from a judgment of the Supreme Court, Monroe County (Stephen K. Bindley, J.), rendered September 13, 2007. The judgment convicted defendant, upon a nonjury verdict, of manslaughter in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
p. 1683
Memorandum: Defendant appeals from a judgment convicting her upon a nonjury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]). Defendant failed to preserve for our review her challenge to the legal sufficiency of the evidence (see People v Gray, 86 NY2d 10 , 19 [1995]). We reject the further contention of defendant that she was denied effective assistance of counsel (see People v McDaniel, 13 NY3d 751 [2009]; People v Forsythe, 59 AD3d 1121 , 1123 [2009], lv denied 12 NY3d 816 [2009]; see generally People v Baldi, 54 NY2d 137 , 147 [1981]). Finally, the sentence is not unduly harsh or severe. Present— Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.
Cases cited
- People v. Gray 86 NY2d 10 at 19 p. 1683
- People v. McDaniel 13 NY3d 751 p. 1683
- People v. Forsythe 59 AD3d 1121 at 1123 p. 1683
- People v. Baldi 54 NY2d 137 at 147 p. 1683