People v. Brewster

Appellate Division of the Supreme Court of New York

People v. Brewster

273 A.D.2d 181, 711 N.Y.S.2d 722, 2000 N.Y. App. Div. LEXIS 7494

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

DecidedJune 29, 2000

StatusPublished

Cited by1 cases

This text of 273 A.D.2d 181 (People v. Brewster) 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. Brewster, 273 A.D.2d 181, 711 N.Y.S.2d 722, 2000 N.Y. App. Div. LEXIS 7494 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 18, 1996, convicting defendant, after a jury trial, of attempted robbery in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The credible evidence clearly established defendant’s participation in the crime.

Since defendant’s ineffective assistance claim rests largely on matters of strategy, including counsel’s decision to waive certain jury instructions, it would require a CPL 440.10 motion for the purpose of expanding the record as to the reasons for trial counsel’s strategic choices. On the existing record, we find that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 713-714).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Williams, J. P., Tom, Ellerin, Andrias and Saxe, JJ.

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

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 18, 1996, convicting defendant, after a jury trial, of attempted robbery in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The credible evidence clearly established defendant’s participation in the crime.

Since defendant’s ineffective assistance claim rests largely on matters of strategy, including counsel’s decision to waive certain jury instructions, it would require a CPL 440.10 motion for the purpose of expanding the record as to the reasons for trial counsel’s strategic choices. On the existing record, we find that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 713-714).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Williams, J. P., Tom, Ellerin, Andrias and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D.2d 181, 711 N.Y.S.2d 722, 2000 N.Y. App. Div. LEXIS 7494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brewster-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack