People v. Illescas

On the defendant’s direct appeal from the judgment of conviction, this Court found that, upon the record then existing, the defendant received the effective assistance of trial counsel (see People v Illescas, 47 AD3d 840, 841 [2008]). Specifically, this Court stated that “[Reasonable strategic concerns would support counsel’s decision not to request submission of a lesser-included offense” (id.). A review of the record presently before us, which includes the transcript of the hearing held upon the defendant’s motion pursuant to CPL 440.10, does not change that conclusion.

As held by the Court…