The People of the State of New York, Respondent v. Victor Russo, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that counsel’s failure to request a jury instruction on the affirmative defense to felony murder did not constitute ineffective assistance of counsel, and that the appellant’s sentencing‑court due‑process claim was unpreserved. The court based its decision on existing precedent and the procedural posture of the case.