People v Harding

People v Harding 2011 NY Slip Op 08985 Decided on December 13, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2011
Mazzarelli, J.P., Andrias, Renwick, Freedman, Manzanet-Daniels, JJ.
6318 1004/07

[*1]The People of the State of New York, Respondent,

v

Eric Harding, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Heidi Bota of
counsel), for appellant.
Eric Harding, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Philip
Morrow of counsel), for respondent.

Judgment, Supreme Court, New York County, (James A. Yates, J.), rendered June 8, 2008, convicting defendant, upon his plea of guilty, of robbery in the first degree and assault in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 13 years, unanimously affirmed.

Defendant's pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they primarily involve matters outside the record. 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 Ford, 86 NY2d 397, 404 [1995]; see also Strickland v Washington, 466 US 668 [1984]). Defendant's other pro se claims are without merit.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 13, 2011

CLERK