People v. Drake

Appellate Division of the Supreme Court of New York

People v. Drake

17 A.D.3d 1154, 794 N.Y.S.2d 771, 2005 N.Y. App. Div. LEXIS 4657

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

DecidedApril 29, 2005

StatusPublished

Cited by2 cases

This text of 17 A.D.3d 1154 (People v. Drake) 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. Drake, 17 A.D.3d 1154, 794 N.Y.S.2d 771, 2005 N.Y. App. Div. LEXIS 4657 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered December 4, 2002. The judgment convicted defendant, upon a jury verdict, of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), assault in the first degree (§ 120.10 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [2]). We reject defendant’s contention that the verdict is against the weight of the evidence. There is no indication in the record before us that the jury failed to give the evidence the weight it should be accorded (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). We also reject the contention of defendant that he did not receive effective assistance of counsel (see generally People v Baldi, 54 NY2d 137, 147 [1981]). Present—Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.

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Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered December 4, 2002. The judgment convicted defendant, upon a jury verdict, of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), assault in the first degree (§ 120.10 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [2]). We reject defendant’s contention that the verdict is against the weight of the evidence. There is no indication in the record before us that the jury failed to give the evidence the weight it should be accorded (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). We also reject the contention of defendant that he did not receive effective assistance of counsel (see generally People v Baldi, 54 NY2d 137, 147 [1981]). Present—Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.

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Bluebook (online)

17 A.D.3d 1154, 794 N.Y.S.2d 771, 2005 N.Y. App. Div. LEXIS 4657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-drake-nyappdiv-2005.

Opinion

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