PEOPLE v. JACKSON (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Leonard JACKSON, Defendant–Appellant.

4018

Decided: April 01, 2025

Manzanet–Daniels, J.P., González, Shulman, Rodriguez, Pitt–Burke, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), and Latham & Watkins LLP, New York (Benjamin E. Harris of the bar of the State of California, admitted pro hac vice, of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Matthew Colangelo of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert Mandelbaum, J.), rendered August 12, 2021, as amended March 8, 2022, convicting defendant, after a jury trial, of assault in the first degree, bribing a witness (two counts), intimidating a victim or witness in the third degree (two counts), tampering with a witness in the third degree, and criminal contempt in the second degree (two counts), and sentencing him to an aggregate term of 12 years, unanimously affirmed.

We perceive no basis for reducing defendant's sentence.

Since defendant's failed to obtain leave to appeal the denial of his CPL 440.10 motion to vacate judgment on the ground of ineffective assistance of counsel, this Court lacks jurisdiction to consider his claim that leave should have been granted (CPL 460.15[1]; see People v. Sorenson, 225 A.D.2d 566, 567, 639 N.Y.S.2d 430 [2d Dept. 1996], lv denied 88 N.Y.2d 886, 645 N.Y.S.2d 460, 668 N.E.2d 431 [1996], People v. Harris, 107 A.D.2d 761, 762, 484 N.Y.S.2d 127 [2d Dept. 1985]).

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