People v. Benevento

Judgment of the Supreme Court, New York County (Jay Gold, J.), rendered May 12, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of U/a to 41/2 years imprisonment, reversed, on the law, and the matter remanded to Supreme Court for a new trial.

Defendant contends that the record in this matter, which he has not expanded by means of a motion pursuant to CPL 440.10, establishes that he was deprived of his right to the effective assistance of counsel (US Const 6th Amend; NY Const, art I, § 6). Violation of this right is normally asserted…