Assault Conviction Reduced in Interest of Justice
In the interest of justice, the Appellate Division reduced Mr. Ragguete’s first-degree assault conviction to attempted first-degree assault because the People failed to establish that the complainant had been seriously physically injured. The People have not appealed.
Mr. Ragguete, however, is seeking leave to appeal the Court’s denial of his ineffective assistance of counsel claim, which was based on defense counsel’s failure to preserve a speedy trial objection. In general, the People have 6 months to be ready for trial, or 184 days. Mr. Ragguete’s trial was delayed by 321 days.
This case was briefed by Jessica McNamara and argued by Paul Skip Laisure.