People v. Burt

Appellate Division of the Supreme Court of New York

People v. Burt

151 A.D.2d 962, 542 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 8264

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

DecidedJune 2, 1989

StatusPublished

This text of 151 A.D.2d 962 (People v. Burt) 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. Burt, 151 A.D.2d 962, 542 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 8264 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant was convicted of four counts of a nine-count indictment. He was acquitted of two counts of attempted murder in the second degree, but convicted of assault in the second degree and reckless endangerment. There is no merit to the argument in his pro se brief that these verdicts were repugnant, and his reliance on People v Carbonell (40 NY2d 948) and People v Edwards (61 AD2d 1016) is misplaced. He was not denied the effective assistance of counsel (see, People v Baldi, 54 NY2d 137). We reject the argument made by counsel that defendant’s sentence was harsh and excessive. (Appeal from judgment of Erie County Court, La Mendola, J. — criminal possession of weapon and other charges.) Present — Callahan, J. P., Denman, Green, Pine and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant was convicted of four counts of a nine-count indictment. He was acquitted of two counts of attempted murder in the second degree, but convicted of assault in the second degree and reckless endangerment. There is no merit to the argument in his pro se brief that these verdicts were repugnant, and his reliance on People v Carbonell (40 NY2d 948) and People v Edwards (61 AD2d 1016) is misplaced. He was not denied the effective assistance of counsel (see, People v Baldi, 54 NY2d 137). We reject the argument made by counsel that defendant’s sentence was harsh and excessive. (Appeal from judgment of Erie County Court, La Mendola, J. — criminal possession of weapon and other charges.) Present — Callahan, J. P., Denman, Green, Pine and Lawton, JJ.

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Bluebook (online)

151 A.D.2d 962, 542 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 8264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burt-nyappdiv-1989.

Opinion

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