| People v Fields |
| 2015 NY Slip Op 08622 [133 AD3d 529] |
| November 24, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Andre Fields, Appellant. |
Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Bierer of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered November12, 2009, convicting defendant, after a jury trial, of assault in the first degree (twocounts), attempted robbery in the first degree (two counts), criminal possession of aweapon in the second degree (two counts) and attempted robbery in the second degree,and sentencing him to an aggregate term of 10 years, unanimously modified, on the law,to the extent of vacating the sentence and remanding for resentencing, and otherwiseaffirmed.
The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d342, 348 [2007]). There is no basis for disturbing the jury's determinationsconcerning identification and credibility.
Defendant's ineffective assistance of counsel argument involves matters not reflectedin, or fully explained by, the record, and thus requires a CPL 440.10 motion. Althoughdefendant raised his present claim in such a motion, the motion was denied and a justiceof this Court denied leave to appeal. Accordingly, our review is limited to the trial record(see People v Evans, 16NY3d 571, 575 [2011]), and to the extent that record permits review, we concludethat defendant received effective assistance under the state and federal standards (seePeople v Benevento, 91 NY2d 708, 713-714 [1998]; Strickland vWashington, 466 US 668 [1984]).
Defendant is entitled to an express determination of whether, notwithstanding hisconviction of an armed felony, he is still eligible for youthful offender treatment basedon the factors set forth in CPL 720.10 (3), and, if so, whether such treatment should begranted (see People vMiddlebrooks, 25 NY3d 516 [2015]). Concur—Gonzalez, P.J., Tom,Mazzarelli and Manzanet-Daniels, JJ.