SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ROSA Y. RESTO, DEFENDANT-APPELLANT.
Appeal from a judgment of the Supreme Court, Monroe County (Stephen K. Lindley, J.), rendered September 13, 2007. The judgment convicted defendant, upon a non-jury verdict, of manslaughter in the first degree.
People v Resto
Appellate Division, Fourth 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 30, 2010
PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon a non-jury verdict of manslaughter in the first degree (Penal Law § 125.20 ). Defendant failed to preserve for our review her challenge to the legal sufficiency of the evidence (see People v Gray, 86 NY2d 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 NY2d 137, 147). Finally, the sentence is not unduly harsh or severe. Entered: December 30, 2010 Patricia L. Morgan Clerk of the Court
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