PEOPLE v. CALDERON

5161.

66 A.D.3d 314 (2009)

884 N.Y.S.2d 29

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CALDERON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 11, 2009.


Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Susan H. Salomon of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes and Peter D. Coddington of counsel), for respondent.

GONZALEZ, P.J., BUCKLEY, CATTERSON and McGUIRE, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

The issue in this case is whether defendant's counsel was ineffective as a result of his failure to request that the court charge the jury on criminally negligent homicide as a lesser included offense of manslaughter in the second degree, the offense of which he was convicted. We find that the record before us is insufficient to deem trial counsel ineffective.

Background

Defendant was indicted for the crimes...

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