People v. McDonough

Appellate Division of the Supreme Court of New York

People v. McDonough

272 A.D.2d 948, 709 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 8222

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

DecidedMay 10, 2000

StatusPublished

This text of 272 A.D.2d 948 (People v. McDonough) 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. McDonough, 272 A.D.2d 948, 709 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 8222 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: Viewing the evidence, the law and the circumstances of this case in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 147). We reject defendant’s contention that the trial court erred in admitting People’s exhibit No. 8, a shotgun. The shotgun was properly admitted to establish defendant’s constructive possession of the operable weapons found in defendant’s bedroom. We have reviewed defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Yates County Court, Falvey, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Pine, Hayes, Balio and Lawton, JJ.

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—Judgment unanimously affirmed. Memorandum: Viewing the evidence, the law and the circumstances of this case in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 147). We reject defendant’s contention that the trial court erred in admitting People’s exhibit No. 8, a shotgun. The shotgun was properly admitted to establish defendant’s constructive possession of the operable weapons found in defendant’s bedroom. We have reviewed defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Yates County Court, Falvey, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Pine, Hayes, Balio and Lawton, JJ.

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Bluebook (online)

272 A.D.2d 948, 709 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 8222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcdonough-nyappdiv-2000.

Opinion

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