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People v. Linster

120 A.D.3d 713, 990 N.Y.S.2d 858, 2014 NY Slip Op 05898, 2014 WL 4085861, 2014 N.Y. App. Div. LEXIS 5831
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 20, 2014
Docket2013-03629
StatusPublished

This text of 120 A.D.3d 713 (People v. Linster) 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. Linster, 120 A.D.3d 713, 990 N.Y.S.2d 858, 2014 NY Slip Op 05898, 2014 WL 4085861, 2014 N.Y. App. Div. LEXIS 5831 (N.Y. Ct. App. 2014).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Grella, J), rendered March 21, 2013, convicting him of robbery in the third degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), we accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation (see People v Benevento, 91 NY2d 708 [1998]; People v West, 105 AD3d 781 [2013]; People v Prescott, 63 AD3d 1090 [2009]; People v Velez, 197 AD2d 651, 652 [1993]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86 [1982]).

Rivera, J.P., Roman, Sgroi and LaSalle, JJ., concur.

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Related

People v. Mateo
811 N.E.2d 1053 (New York Court of Appeals, 2004)
People v. Benevento
697 N.E.2d 584 (New York Court of Appeals, 1998)
People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
People v. Romero
859 N.E.2d 902 (New York Court of Appeals, 2006)
People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
People v. Prescott
63 A.D.3d 1090 (Appellate Division of the Supreme Court of New York, 2009)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. West
105 A.D.3d 781 (Appellate Division of the Supreme Court of New York, 2013)
People v. Velez
197 A.D.2d 651 (Appellate Division of the Supreme Court of New York, 1993)

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Bluebook (online)
120 A.D.3d 713, 990 N.Y.S.2d 858, 2014 NY Slip Op 05898, 2014 WL 4085861, 2014 N.Y. App. Div. LEXIS 5831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-linster-nyappdiv-2014.