People v. Perez

Judgment, Supreme Court, Bronx County (Ann M. Donnelly, J.), rendered March 21, 2011, as amended April 13, 2011, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 10 and five years, respectively, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

Defendant’s claim that his counsel was ineffective for failing to request a justification charge is unreviewable on direct appeal, since it involves…