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People v. Campbell

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 2, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROHAN CAMPBELL, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 14, 2006, convicting defendant, after a jury trial, of two counts of criminal sexual act in the first degree, and sentencing him to consecutive terms of 121/2 years, unanimously affirmed.

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.

Gonzalez, P.J., Saxe, McGuire, Acosta, Abdus-Salaam, JJ.

3664/04

The court properly imposed consecutive sentences because the two offenses, despite having occurred during a continuous transaction, were committed through separate acts (People v Brown, 80 NY2d 361, 364 [1992]; People v Ramirez, 44 AD3d 442, 445 [2007], lv denied, 9 NY3d 1008 [2007]). We perceive no basis for reducing the sentence.

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record (see People v Love, 57 NY2d 998 [1982]). Defendant's claims regarding the court's denial of his request for reassignment of counsel are without merit. Defendant's remaining pro se claims are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.

M-541

Campbell Motion seeking leave to file prose reply brief denied.

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

20100302

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