People v. McAlpine

Appellate Division of the Supreme Court of New York

People v. McAlpine

280 A.D.2d 977, 720 N.Y.S.2d 420, 2001 N.Y. App. Div. LEXIS 1113

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

DecidedFebruary 7, 2001

StatusPublished

This text of 280 A.D.2d 977 (People v. McAlpine) 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. McAlpine, 280 A.D.2d 977, 720 N.Y.S.2d 420, 2001 N.Y. App. Div. LEXIS 1113 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and other offenses. As we determined on the appeal of the codefendant, the verdict is not against the weight of the evidence (see, People v Middlebrooks, 270 AD2d 944, lv denied 95 NY2d 855). The sentence is neither unduly harsh nor severe. We reject the contention of defendant that he was denied effective assistance of counsel. Viewing the evidence, the law, and the circumstances of this case in totality and as of the time of representation, we conclude that defense counsel provided meaningful representation (see, People v Baldi, 54 NY2d 137, 147). (Appeal from Judgment of Onondaga County Court, Fahey, J.— Attempted Murder, 2nd Degree.) Present — Green, J. P., Pine, Hayes, Wisner and Scudder, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and other offenses. As we determined on the appeal of the codefendant, the verdict is not against the weight of the evidence (see, People v Middlebrooks, 270 AD2d 944, lv denied 95 NY2d 855). The sentence is neither unduly harsh nor severe. We reject the contention of defendant that he was denied effective assistance of counsel. Viewing the evidence, the law, and the circumstances of this case in totality and as of the time of representation, we conclude that defense counsel provided meaningful representation (see, People v Baldi, 54 NY2d 137, 147). (Appeal from Judgment of Onondaga County Court, Fahey, J.— Attempted Murder, 2nd Degree.) Present — Green, J. P., Pine, Hayes, Wisner and Scudder, JJ.

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Bluebook (online)

280 A.D.2d 977, 720 N.Y.S.2d 420, 2001 N.Y. App. Div. LEXIS 1113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcalpine-nyappdiv-2001.

Opinion

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