Home/Appellate Division of the Supreme Court of New York/People v. Blakes

People v. Blakes

2017 NY Slip Op 5964, 153 A.D.3d 549, 56 N.Y.S.3d 891
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 2, 2017
Docket2014-03678
StatusPublished

This text of 2017 NY Slip Op 5964 (People v. Blakes) 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. Blakes, 2017 NY Slip Op 5964, 153 A.D.3d 549, 56 N.Y.S.3d 891 (N.Y. Ct. App. 2017).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered April 7, 2014, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel merely because counsel failed to object to certain alleged errors at trial. Rather, the record as a whole demonstrates that counsel made cogent arguments, engaged in searching cross-examination, presented a reasoned theory of defense, and advocated effectively for the defendant, thereby providing him with meaningful representation (see People v Caban, 5 NY3d 143 [2005]; People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]; People v Martin, 141 AD3d 734 [2016]; People v Belle, 113 AD3d 630 [2014]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions are unpreserved for appellate review (see CPL 470.05 [2]; People v Romero, 7 NY3d 911 [2006]; People v Gray, 86 NY2d 10 [1995]; People v Forde, 140 AD3d 1085 [2016]; People v Fitzgerald, 120 AD3d 506 [2014]), and we decline to reach them in the exercise of our interest of justice jurisdiction.

Mastro, J.P., Rivera, Hall and Maltese, JJ., concur.

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Related

People v. Benevento
697 N.E.2d 584 (New York Court of Appeals, 1998)
People v. Caban
833 N.E.2d 213 (New York Court of Appeals, 2005)
People v. Romero
861 N.E.2d 89 (New York Court of Appeals, 2006)
People v. Gray
652 N.E.2d 919 (New York Court of Appeals, 1995)
People v. Fitzgerald
120 A.D.3d 506 (Appellate Division of the Supreme Court of New York, 2014)
People v. Forde
140 A.D.3d 1085 (Appellate Division of the Supreme Court of New York, 2016)
People v. Martin
141 A.D.3d 734 (Appellate Division of the Supreme Court of New York, 2016)
People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Belle
113 A.D.3d 630 (Appellate Division of the Supreme Court of New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
2017 NY Slip Op 5964, 153 A.D.3d 549, 56 N.Y.S.3d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blakes-nyappdiv-2017.