People v. Arriaga

Appellate Division of the Supreme Court of New York

People v. Arriaga

90 A.D.3d 416, 933 N.Y.2d 553

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 2011

StatusPublished

This text of 90 A.D.3d 416 (People v. Arriaga) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Arriaga, 90 A.D.3d 416, 933 N.Y.2d 553 (N.Y. Ct. App. 2011).

Pincite

Opinion

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning identification and credibility, including its evaluation of alleged inconsistencies in testimony.

Defendant’s challenges to the People’s summation are unpreserved (see People v Romero, 7 NY3d 911 [2006]), and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal (see People v D’Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). To the extent the summation contained any improprieties, the court took curative actions that were sufficient to prevent any prejudice (see id.).

Defendant’s pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they generally involve matters outside the record concerning counsel’s preparation and strategy (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). To the extent the existing record permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). We have considered and rejected defendant’s remaining pro se claims. Concur — Tom, J.P, Andrias, Catterson, Abdus-Salaam and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning identification and credibility, including its evaluation of alleged inconsistencies in testimony.

Defendant’s challenges to the People’s summation are unpreserved (see People v Romero, 7 NY3d 911 [2006]), and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal (see People v D’Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). To the extent the summation contained any improprieties, the court took curative actions that were sufficient to prevent any prejudice (see id.).

Defendant’s pro se ineffective assistance of counsel claims are unreviewable on direct appeal because they generally involve matters outside the record concerning counsel’s preparation and strategy (see People v Rivera, 71 NY2d 705, 709 [1988]; People v Love, 57 NY2d 998 [1982]). To the extent the existing record permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). We have considered and rejected defendant’s remaining pro se claims. Concur — Tom, J.P, Andrias, Catterson, Abdus-Salaam and Román, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

90 A.D.3d 416, 933 N.Y.2d 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arriaga-nyappdiv-2011.

Opinion

Related

Cite This Page — Counsel Stack