People v. Kennedy

Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about January 2, 2003, which denied defendant’s motion to vacate a judgment, same court and Justice, rendered March 7, 2000, unanimously affirmed.

The court properly denied defendant’s motion to vacate the judgment pursuant to CEL 440.10 on the ground of ineffective assistance of counsel (see People v Satterfield, 66 NY2d 796, 799-800 [1985]). Even assuming that trial counsels failure to request submission of manslaughter in the second degree or criminally negligent homicide as lesser included offenses was not a strategic…