THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROSA RESTO DEFENDANT APPELLANT (2010)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROSA Y. RESTO, DEFENDANT-APPELLANT.

KA 08-00378

Decided: December 30, 2010

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (GRAZINA MYERS OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (GEOFFREY KAEUPER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

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 N.Y.2d 10, 19). We reject the further contention of defendant that she was denied effective assistance of counsel (see People v. McDaniel, 13 NY3d 751; People v. Forsythe, 59 AD3d 1121, 1123, lv denied 12 NY3d 816; see generally People v. Baldi, 54 N.Y.2d 137, 147). Finally, the sentence is not unduly harsh or severe.

Patricia L. Morgan

Clerk of the Court

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