AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL VELEZ, Appellant.

Defendant's ineffective assistance of counsel claim rests primarily on matters outside the record and is thus unreviewable on direct appeal. To the extent the present record permits review, it establishes that defendant received effective assistance ( see People v. Benevento, 91 NY2d 708, 713-714; see also Strickland v. Washington, 466 US 668).

Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit ( see People v. Rosen, 96 NY2d 329, cert denied 534 US 899). Defendant's mandatory sentence was based on his prior convictions ( see Almendarez-Torres v. United States, 523 US 224). Defendant's claim of unconstitutional delay in sentencing is meritless.

We have considered and rejected defendant's remaining claims.

Use AI to get other relevant cases.

Comments

PEOPLE v. VELEZ
(Aug 4, 2005)