People v. Benevento

Appellate Division of the Supreme Court of New York

People v. Benevento

253 A.D.2d 642, 677 N.Y.S.2d 552, 1998 N.Y. App. Div. LEXIS 9469

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

DecidedSeptember 17, 1998

StatusPublished

This text of 253 A.D.2d 642 (People v. Benevento) 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. Benevento, 253 A.D.2d 642, 677 N.Y.S.2d 552, 1998 N.Y. App. Div. LEXIS 9469 (N.Y. Ct. App. 1998).

Pincite

Opinion

Upon remittitur from the Court of Appeals and upon consideration of the facts of record (CPL 470.25 [2] [d]), judgment, Supreme Court, New York County (Jay Gold, J.), rendered May 12, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of IV2 to 4V2 years’ imprisonment, unanimously affirmed.

Defendant appealed on a single issue of law, arguing that he was deprived of the effective assistance of counsel. This Court reviewed the facts, finding that “the record * * * contains overwhelming evidence of defendant’s guilt” (239 AD2d 132, 133), but concluded that reversal of the judgment of conviction was nevertheless compelled under the authority of People v Baldi (54 NY2d 137, 147). The Court of Appeals having reversed and found that defendant was provided with meaningful representation under the circumstances (91 NY2d 708), there are no remaining issues for this Court’s consideration. Concur — Rosenberger, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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

Upon remittitur from the Court of Appeals and upon consideration of the facts of record (CPL 470.25 [2] [d]), judgment, Supreme Court, New York County (Jay Gold, J.), rendered May 12, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of IV2 to 4V2 years’ imprisonment, unanimously affirmed.

Defendant appealed on a single issue of law, arguing that he was deprived of the effective assistance of counsel. This Court reviewed the facts, finding that “the record * * * contains overwhelming evidence of defendant’s guilt” (239 AD2d 132, 133), but concluded that reversal of the judgment of conviction was nevertheless compelled under the authority of People v Baldi (54 NY2d 137, 147). The Court of Appeals having reversed and found that defendant was provided with meaningful representation under the circumstances (91 NY2d 708), there are no remaining issues for this Court’s consideration. Concur — Rosenberger, J. P., Nardelli, Rubin and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D.2d 642, 677 N.Y.S.2d 552, 1998 N.Y. App. Div. LEXIS 9469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benevento-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack