People v. Brito

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered December 4, 2000, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and imposing sentence, as a second felony offender, of concurrent terms of 23 years to life and 15 years, respectively, unanimously affirmed.

The decision of defendant’s trial counsel, after having defended defendant during the trial on a theory of misidentification, to request a justification charge and to argue in summation that defendant had been misidentified but that…