People v. Loving

Appellate Division of the Supreme Court of New York

People v. Loving

193 A.D.2d 561, 598 N.Y.S.2d 221, 1993 N.Y. App. Div. LEXIS 5318

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

DecidedMay 27, 1993

StatusPublished

Cited by1 cases

This text of 193 A.D.2d 561 (People v. Loving) 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. Loving, 193 A.D.2d 561, 598 N.Y.S.2d 221, 1993 N.Y. App. Div. LEXIS 5318 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, Bronx County (Arlene R. Silverman, J.), rendered April 23, 1991, convicting defendant, after jury trial, of manslaughter in the first degree, manslaughter in the second degree, and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 8 Vs to 25 years, 5 to 15 years, and 3 to 9 years, respectively, unanimously affirmed.

We reject defendant’s claim, raised for the first time on appeal, that he was denied effective assistance of counsel. The record indicates that trial counsel obtained, and represented defendant at, a pretrial suppression hearing, cross-examined the People’s eyewitnesses in an attempt to attack their credibility and reliability, presented and vigorously pursued a self-defense issue, and succeeded in obtaining defendant’s acquittal on the murder count. In these circumstances, it is clear that defendant received meaningful representation at trial (People v Baldi, 54 NY2d 137). Concur—Murphy, P. J., Milonas, Kupferman, Ross and Nardelli, JJ.

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Judgment, Supreme Court, Bronx County (Arlene R. Silverman, J.), rendered April 23, 1991, convicting defendant, after jury trial, of manslaughter in the first degree, manslaughter in the second degree, and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 8 Vs to 25 years, 5 to 15 years, and 3 to 9 years, respectively, unanimously affirmed.

We reject defendant’s claim, raised for the first time on appeal, that he was denied effective assistance of counsel. The record indicates that trial counsel obtained, and represented defendant at, a pretrial suppression hearing, cross-examined the People’s eyewitnesses in an attempt to attack their credibility and reliability, presented and vigorously pursued a self-defense issue, and succeeded in obtaining defendant’s acquittal on the murder count. In these circumstances, it is clear that defendant received meaningful representation at trial (People v Baldi, 54 NY2d 137). Concur—Murphy, P. J., Milonas, Kupferman, Ross and Nardelli, JJ.

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Bluebook (online)

193 A.D.2d 561, 598 N.Y.S.2d 221, 1993 N.Y. App. Div. LEXIS 5318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-loving-nyappdiv-1993.

Opinion

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