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The People of the State of New York, Respondent v. Rosa Y. Resto

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,
v.
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 [1]). 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

20101230

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