People v Rosario

People v Rosario 2007 NY Slip Op 06930 [43 AD3d 765] September 25, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 7, 2007

The People of the State of New York, Respondent,
v
Carlos Rosario, Appellant.

—[*1] Carro Carro & Mitchell, LLP, New York (John Carro of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), for respondent.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered November 22, 2002, convicting defendant, after a nonjury trial, of attempted murder in the first degree (three counts), robbery in the first degree (two counts), attempted robbery in the first degree (two counts), attempted sexual abuse in the first degree, and assault in the first degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.

Defendant's claim that counsel was ineffective for not persuading him to plead guilty and, instead, pursuing an insanity defense is not reviewable on direct appeal as it is based on matters outside the record (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]).

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.