AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
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
Docket Number
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RODRIGUEZ, Appellant.

Defendant received effective assistance of counsel at sentencing ( see People v. Benevento, 91 NY2d 708, 713-714; see also Strickland v. Washington, 466 US 668). Under the plea agreement, defendant's aggregate minimum term could have ranged from 15 to 25 years. At sentencing, counsel employed a reasonable strategy by candidly acknowledging defendant's undeniably reprehensible conduct, while arguing for such mitigation as was available in this brutal double murder. Counsel noted defendant's youth, his lesser culpability than that of the codefendant, and his ultimate expression of remorse. The court imposed an aggregate term that was less than the maximum available under the plea agreement, and 10 years less than the codefendant's aggregate term. There is no indication that a different argument at sentencing would have yielded a more lenient sentence.

We perceive no basis for reducing the sentence.

Use AI to get other relevant cases.

Comments

PEOPLE v. RODRIGUEZ
(May 5, 2005)