People v. Lin

Appellate Division of the Supreme Court of New York

People v. Lin

1 A.D.3d 170, 766 N.Y.S.2d 845, 2003 N.Y. App. Div. LEXIS 11888

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

DecidedNovember 13, 2003

StatusPublished

This text of 1 A.D.3d 170 (People v. Lin) 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. Lin, 1 A.D.3d 170, 766 N.Y.S.2d 845, 2003 N.Y. App. Div. LEXIS 11888 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Michael Corriere, J.), rendered October 5, 2000, convicting defendant, after a jury trial, of three counts of kidnapping in the first degree, and sentencing him to concurrent terms of 25 years to life, and order, same court and Justice, entered on or about February 5, 2002, which denied defendant’s motion to vacate the judgment pursuant to CPL 440.10, unanimously affirmed.

The verdict was supported by legally sufficient evidence.

After a thorough hearing, the court properly denied defendant’s motion to vacate the judgment. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The record establishes that defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Counsel properly prepared for trial, provided appropriate advice concerning plea negotiations, and pursued a reasonable trial strategy. Concur—Tom, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Michael Corriere, J.), rendered October 5, 2000, convicting defendant, after a jury trial, of three counts of kidnapping in the first degree, and sentencing him to concurrent terms of 25 years to life, and order, same court and Justice, entered on or about February 5, 2002, which denied defendant’s motion to vacate the judgment pursuant to CPL 440.10, unanimously affirmed.

The verdict was supported by legally sufficient evidence.

After a thorough hearing, the court properly denied defendant’s motion to vacate the judgment. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The record establishes that defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Counsel properly prepared for trial, provided appropriate advice concerning plea negotiations, and pursued a reasonable trial strategy. Concur—Tom, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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Bluebook (online)

1 A.D.3d 170, 766 N.Y.S.2d 845, 2003 N.Y. App. Div. LEXIS 11888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lin-nyappdiv-2003.

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