People v. Schlageter
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of arson in the fourth degree, two counts of assault in the first degree, assault in the second and third degrees, and two counts of reckless endangerment in the second degree. Defendant was sentenced to concurrent terms of imprisonment, the highest being l1/2 to 41/2 years. The charges arose out of a fire at 1575 Elmwood Avenue in Rochester on August 30, 1993, which resulted in injury to three occupants of the building. Defendant argues that he was denied effective assistance of counsel because counsel failed to pursue available defenses, elicited damaging testimony on cross-examination of the People’s witnesses and on direct examination of defendant, failed to object to hearsay evidence, failed to make appropriate opening and closing statements, failed to obtain an expert opinion concerning the origin of the fire, failed to engage in plea negotiations, demonstrated an ignorance of the rules of evidence and of basic trial procedure, and was suspended from the practice of law by this Court 14 months after defendant’s trial. Upon our review of the record, we conclude that defendant was afforded meaningful representation (see, People v Satterfield, 66 NY2d 796, 799-800).
Contrary to defendant’s argument, defense counsel presented the defense of intoxication to negate the intent element of arson in the fourth degree, and County Court charged the jury on the intoxication defense at defense counsel’s request (see, People v Eason, 160 AD2d 1018, 1019, lv denied 76 NY2d 787). Also contrary to defendant’s argument, the testimony elicited by defense counsel on cross-examination of the People’s witnesses and on direct examination of defendant did not necessarily damage defendant’s case, and can be attributed to a trial
Case-law data current through December 31, 2025. Source: CourtListener bulk data.