Legal Opinion

People v. Rodriguez

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2015No. 16406 1091/07PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered July 12, 2012, convicting defendant, after a jury trial, of two counts of murder in the second degree, and sentencing her to concurrent terms of 25 years to life, unanimously affirmed.

Defendant’s ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. RiveraNew York Court of Appeals · 1988
  5. People v. LoveNew York Court of Appeals · 1982

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3Cited by3 opinions

  1. Waiters v. LeeCourt of Appeals for the Second Circuit · 2017
  2. People v. OrtegaAppellate Division of the Supreme Court of the State of New York · 2024
  3. Waiters v. LeeCourt of Appeals for the Second Circuit · 2017

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