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State of N.Y. v. Benshimon

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2006
34 A.D.3d 826 (N.Y. App. Div. 2006)

Opinion

No. 2003-05024.

November 28, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered April 30, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Before: Florio, J.P., Krausman, Mastro and Covello, JJ, concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the failure of defense counsel to present a defense of extreme emotional disturbance did not constitute ineffective assistance of counsel ( see People v Caban, 5 NY3d 143, 152; People v Soto, 276 AD2d 810; People v Feris, 144 AD2d 691; People v Knights, 109 AD2d 910).


Summaries of

State of N.Y. v. Benshimon

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2006
34 A.D.3d 826 (N.Y. App. Div. 2006)
Case details for

State of N.Y. v. Benshimon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YAKOB BENSHIMON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 2006

Citations

34 A.D.3d 826 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9004
823 N.Y.S.2d 905