| People v Rosario |
| 2007 NY Slip Op 06930 [43 AD3d 765] |
| September 25, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Carlos Rosario, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), forrespondent.
Judgment, Supreme Court, New York County (James A. Yates, J.), rendered November 22,2002, convicting defendant, after a nonjury trial, of attempted murder in the first degree (threecounts), robbery in the first degree (two counts), attempted robbery in the first degree (twocounts), attempted sexual abuse in the first degree, and assault in the first degree, and sentencinghim to an aggregate term of 25 years to life, unanimously affirmed.
Defendant's claim that counsel was ineffective for not persuading him to plead guilty and,instead, pursuing an insanity defense is not reviewable on direct appeal as it is based on mattersoutside the record (see People v Rivera, 71 NY2d 705, 709 [1988]; People vLove, 57 NY2d 998 [1982]). On the existing record, to the extent it permits review, we findthat defendant received effective assistance under the state and federal standards (see Peoplev Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466US 668 [1984]).
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Saxe, Friedman,Gonzalez and McGuire, JJ.