People v. Cioto, 80 A.D.3d 875 (N.Y. App. Div. 2011). · Go Syfert
People v. Cioto, 80 A.D.3d 875 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Arce
N.Y. App. Div. · 2017 · confidence medium
Finally, in light of the fact that defendant committed the instant crimes while he was on parole for a prior burglary conviction and that his sentence was only one year more than the minimum sentence required by law (see Penal Law §§ 70.02 [1] [b]; 70.04 [3] [b]; 140.25), we find no abuse of discretion or extraordinary circumstances that would warrant disturbing the sentence imposed (see People v Cioto, 80 AD3d 875, 877 [2011], lv denied 16 NY3d 829 [2011]; People v Mayerhofer, 283 AD2d 672, 675 [2001]).
discussed Cited as authority (rule) People v. Coley
N.Y. App. Div. · 2015 · confidence medium
Inasmuch as the totality of the record otherwise reflects that defense counsel provided reasonably competent representation to defendant (see People v Colburn, 123 AD3d 1292, 1297 [2014], lv denied 25 NY3d 950 [2015]; People v Valverde, 122 AD3d 1074, 1078 [2014]; People v Cioto, 80 AD3d 875, 876 [2011], lv denied 16 NY3d 829 [2011]), we conclude that he received meaningful representation.
discussed Cited as authority (rule) People v. Reid
N.Y. App. Div. · 2012 · confidence medium
Considering the totality of the circumstances, defendant received meaningful representation, as evinced by his concession that counsel was well prepared, made coherent opening and closing statements, effectively examined witnesses and had a reasonable trial strategy (see People v Fulwood, 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011]; People v Cioto, 80 AD3d 875, 876 [2011], lv denied 16 NY3d 829 [2011]).
discussed Cited as authority (rule) People v. Reid
N.Y. App. Div. · 2012 · confidence medium
Considering the totality of the circumstances, defendant received meaningful representation, as evinced by his concession that counsel was well prepared, made coherent opening and closing statements, effectively examined witnesses and had a reasonable trial strategy (see People v Fulwood, 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011]; People v Cioto, 80 AD3d 875, 876 [2011], lv denied 16 NY3d 829 [2011]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2011 · confidence medium
Finally, considering defendant’s criminal history, that he was in prison when he committed this crime and the injury that he inflicted upon a correction officer, the sentence was not harsh or excessive (see People v Cioto, 80 AD3d 875, 877 [2011], lv denied 16 NY3d 829 [2011]).
discussed Cited as authority (rule) People v. Fulwood
N.Y. App. Div. · 2011 · confidence medium
Although defendant complains that counsel failed to object to the admission of the victim’s 911 tape or contest County Court’s charge to the jury, he has not articulated any legitimate legal basis for objection (see People v Cioto, 80 AD3d 875, 876 [2011], Iv denied 16 NY3d 829 [2011]), and counsel’s failure to either make a particular pretrial motion (see People v Jackson, 48 AD3d at 893 ; People v Miller, 11 AD3d 729, 730 [2004]) or request that County Court charge certain lesser included offenses (see People v Washington, 21 AD3d at 651 ) does not, standing alone, constitute ineffecti…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael Cioto
Appellate Division of the Supreme Court of the State of New York.
Jan 13, 2011.
80 A.D.3d 875
Rose.
Cited by 6 opinions  |  Published
Rose, J.

Appeal from a judgment of the County Court of Ulster County (McGrath, J.), rendered June 18, 2008, upon a verdict[*876] convicting defendant of the crimes of robbery in the first degree, robbery in the second degree, burglary in the first degree and grand larceny in the fourth degree.

Defendant and two codefendants confronted the victim late at night; one of the codefendants displayed a BB gun that looked like a real handgun and the trio then forced the victim into his residence. The victim was threatened, kicked and struck, his apartment was ransacked in a search for money and drugs, and his jewelry was stolen. Defendant was arrested the next day and, following a jury trial, he was convicted of robbery in the first degree, robbery in the second degree, burglary in the first degree and grand larceny in the fourth degree. He was then sentenced as a second violent felony offender to an aggregate prison term of 15 years, with five years of postrelease supervision.

On appeal, defendant argues that he was deprived of meaningful representation because his counsel pursued an intoxication defense that conceded defendant’s presence at the scene of the crime. In our view, however, counsel’s attempt to establish that defendant was too intoxicated to form the requisite intent reflects the pursuit of a recognized defense strategy that was appropriately tailored to the facts of the case (see People v Benevento, 91 NY2d 708, 714 [1998]; People v Rodabaugh, 26 AD3d 598, 599-600 [2006]). Counsel clearly and consistently developed this defense throughout the trial, and County Court found that it had sufficient support in the record to give an intoxication instruction. In any event, a mere disagreement with strategy or tactics will not rise to the level of ineffective assistance of counsel (see People v Flores, 84 NY2d 184, 187 [1994]; People v Rivera, 71 NY2d 705, 708-709 [1988]). Nor is defendant correct in claiming that counsel elicited prejudicial information regarding other charges pending against him. Rather, the elicited information pertained to charges pending against the victim. Although defendant also complains that defense counsel did not make any objections at trial, he has not identified any legitimate or sustainable points for objection (see People v Camerena, 42 AD3d 814, 815 [2007], llv denied 9 NY3d 921 [2007]). Viewing the totality of the record, we conclude that defendant was provided with meaningful representation (see People v Caban, 5 NY3d 143, 152 [2005]; People v Massey, 45 AD3d 1044, 1047-1048 [2007], lv denied 9 NY3d 1036 [2008]; People v Rodabaugh, 26 AD3d at 600).

As for defendant’s challenge to his sentence, we find no basis in the record for his claim that he was penalized for exercising his right to trial (see People v Pena, 50 NY2d 400, 412 [1980],[*877] cert denied 449 US 1087 [1981]; People v Bush, 75 AD3d 917, 920 [2010]). Given the nature of the crimes and defendant’s extensive criminal history, including that he is a second violent felony offender and was on parole at the time he committed these crimes, we find no extraordinary circumstances that would cause us to reduce the sentence on the ground that it is harsh or excessive (see People v Bush, 75 AD3d at 920; People v Massey, 45 AD3d at 1048).

Peters, J.P., Lahtinen, Kavanagh and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.