People v. Aimetti

Summary

The Appellate Division, Second Department, affirmed Robert Aimetti’s judgment of conviction for assault, menacing, harassment, and criminal contempt offenses. The court held that the legal-sufficiency challenge was unpreserved, found the evidence legally sufficient and not against the weight of the evidence, and declined to review the mixed ineffective-assistance claim on direct appeal because it involved matters outside the record.

Holdings

1. The defendant failed to preserve his challenge to the legal sufficiency of the evidence for appellate review. In any event, the evidence was legally sufficient to establish his guilt beyond a reasonable doubt when viewed in the light most favorable to the prosecution.
2. The convictions were not against the weight of the evidence.
3. When an ineffective-assistance claim is based partly on matters appearing on the record and partly on matters outside the record, and cannot be resolved without reference to matters outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety; the appellate court may decline to review it on direct appeal.
4. The defendant's remaining contention was without merit.

Questions Presented

1. Whether the defendant preserved his challenge to the legal sufficiency of the evidence and, if not, whether the evidence was nevertheless legally sufficient.
2. Whether the convictions were against the weight of the evidence.
3. Whether the defendant's mixed claim of ineffective assistance of counsel could be resolved on the record on direct appeal or instead required a CPL 440.10 proceeding.
4. Whether the defendant's remaining appellate contention had merit.

Disposition

affirmed