| People v Illescas |
| 2008 NY Slip Op 00533 [47 AD3d 840] |
| January 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseIllescas, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.),rendered October 31, 2005, convicting him of manslaughter in the first degree, upon a juryverdict, and sentencing him to a determinate term of 22 years' imprisonment.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, byreducing the sentence to a determinate term of 15 years' imprisonment; as so modified, thejudgment is affirmed.
On the existing record, to the extent that it permits review, we find that the defendantreceived the effective assistance of counsel (see People v Benevento, 91 NY2d 708,713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Reasonablestrategic concerns would support counsel's decision not to request submission of alesser-included offense (see People v Lane, 60 NY2d 748 [1983]). The defendant failedto demonstrate that there were no strategic or other legitimate explanations for counsel's allegedshortcomings (see People v Taylor,1 NY3d 174 [2003]; People v Benevento, 91 NY2d at 712), or that he wasdeprived of meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]).
The sentence imposed was excessive to the extent indicated herein.
The defendant's remaining contention is unpreserved for appellate review and we decline toreach it in the exercise of our interest of justice jurisdiction. Skelos, J.P., Santucci , Lifson andCarni, JJ., concur.