From Casetext: Smarter Legal Research

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 789 (N.Y. App. Div. 2009)

Opinion

No. 2005-04750.

December 1, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 9, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Karol B. Mangum, and Ruth E. Ross of counsel; Irina Knopp on the brief), for respondent.

Before: Skelos, J.P., Eng, Leventhal and Chambers, JJ., concur.


Ordered that the judgment is affirmed.

The defendant contends that his due process rights were violated by the detective's failure to videotape his interrogation. This argument is unpreserved for appellate review ( see CPL 470.05) and, in any event, is without merit ( see People v Hodges, 58 AD3d 642; People v Nelson, 52 AD3d 534; People v Rosas, 30 AD3d 545, affd 8 NY3d 493).

The defendant failed to demonstrate that he was denied the effective assistance of counsel ( see People v Benevento, 91 NY2d 708, 712; People v Baldi, 54 NY2d 137). A review of the record in its entirety reveals that defense counsel provided meaningful representation ( see People v Rios, 213 AD2d 726; People v Abdullah, 100 AD2d 550, cert denied 474 US 919; People v Tonge, 93 NY2d 838, 840).

The defendant's remaining contentions, raised in his supplemental pro se brief, are without merit.

[Prior Case History: 7 Misc 3d 1005(A), 2005 NY Slip Op 50461(U).]


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 789 (N.Y. App. Div. 2009)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN RODRIGUEZ…

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

Date published: Dec 1, 2009

Citations

68 A.D.3d 789 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9053
888 N.Y.S.2d 894

Citing Cases

People v. Rodriguez

By decision and order dated December 1, 2009, the Second Department rejected defendant's arguments and…

Rodriguez v. Brown

Petitioner confessed twice after his arrest: first to a detective, who wrote out petitioner's statement…