PEOPLE v. ROSARIO

Ind. No. 5327/14. Appeal No. 14295. Case No. 2018-275.

198 A.D.3d 426 (2021)

152 N.Y.S.3d 314

2021 NY Slip Op 05302

The People of the State of New York, Respondent, v. Hickliff Rosario, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 5, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Susan Epstein of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Ellen Stanfield Friedman of counsel), for respondent.

Concur— Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.


The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations, including its evaluation of allegedly exculpatory text messages.

Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters not reflected in, or fully explained by, the record, with regard...

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