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People v. Rizzo
Citations: 2016 NY Slip Op 7586; 144 A.D.3d 489; 41 N.Y.S.3d 35Docket: 2185 5073/10
Court: Appellate Division of the Supreme Court of the State of New York; November 14, 2016; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division, First Department, upheld the conviction of Raymond Rizzo for multiple serious offenses, including second-degree murder, first-degree burglary (three counts), first-degree robbery (three counts), second-degree robbery (three counts), second-degree criminal possession of a weapon, and second-degree assault. Rizzo was sentenced to an aggregate term of 32 years to life. The court found that Rizzo validly waived his right to be present during bias-related bench conferences with prospective jurors, as established in People v. Antommarchi. Although the record did not fully document the waiver process, it was acknowledged by defense counsel in open court, and the court determined there was no reason to question the validity of this waiver. Challenges to the prosecutor's summation were deemed unpreserved for appeal, and the court declined to review them in the interest of justice. Alternatively, the court noted that any comments made by the prosecutor were generally responsive to defense arguments and did not constitute reversible error, especially in light of the overwhelming evidence of guilt. Claims of ineffective assistance of counsel related to a lack of objection during trial were also rejected. The court found no basis for reducing Rizzo's sentence, affirming the lower court's decisions. The ruling was entered on November 15, 2016, and is designated as uncorrected and subject to revision before publication in the Official Reports.