People v. Russo, 2814.
Decision Date | 10 February 2004 |
Docket Number | 2814.,2814A. |
Citation | 4 A.D.3d 133,771 N.Y.S.2d 345,2004 NY Slip Op 00595 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RUSSO, Also Known as RAYMOND GUISTO, Appellant. |
Court | New York Supreme Court — Appellate Division |
Defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Although counsel made reasonable efforts to establish a justification defense, the court nevertheless properly declined to submit that defense to the jury since the evidence fell short of creating a reasonable view warranting such a charge. Counsel presented a plausible defense of lack of intent to cause serious physical injury, and such defense was not undermined by the fact that counsel had mentioned a justification defense in his opening statement (see People v Benevento, 91 NY2d at 714-715; People v Hobot, 84 NY2d 1021, 1024 [1995]).
We perceive no basis for reducing the sentence.
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
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...during summation. “Counsel presented a plausible defense of lack of intent to cause serious physical injury” ( People v. Russo, 4 A.D.3d 133, 133, 771 N.Y.S.2d 345,lv. denied2 N.Y.3d 806, 781 N.Y.S.2d 305, 814 N.E.2d 477), and he effectively asserted that theory to the jury in his summation......
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