People v. McNeil

Appellate Division of the Supreme Court of New York

People v. McNeil

146 A.D.2d 808, 538 N.Y.S.2d 473, 1989 N.Y. App. Div. LEXIS 966

Appellate Division of the Supreme Court of the State of New York·Decided January 30, 1989·Published

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered June 7, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As the defendant did not object to either the court’s charge regarding possession of a weapon or the People’s summation, his claims with respect thereto are unpreserved for appellate review as a matter of law (see, CPL 470.05; People v McGuire, 122 AD2d 284). In any event, the court’s charge was correct, and the People’s summation fell within the " 'four corners of the evidence’ ” and was therefore proper (People v Ashwal, 39 NY2d 105, 109; People v Brockington, 126 AD2d 655, 657).

The defendant has failed to demonstrate a deprivation of his right to the effective assistance of counsel (see, People v Baldi, 54 NY2d 137; People v Rivera, 71 NY2d 705). Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered June 7, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As the defendant did not object to either the court’s charge regarding possession of a weapon or the People’s summation, his claims with respect thereto are unpreserved for appellate review as a matter of law (see, CPL 470.05; People v McGuire, 122 AD2d 284). In any event, the court’s charge was correct, and the People’s summation fell within the " 'four corners of the evidence’ ” and was therefore proper (People v Ashwal, 39 NY2d 105, 109; People v Brockington, 126 AD2d 655, 657).

The defendant has failed to demonstrate a deprivation of his right to the effective assistance of counsel (see, People v Baldi, 54 NY2d 137; People v Rivera, 71 NY2d 705). Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

People v. McNeil, 146 A.D.2d 808, 538 N.Y.S.2d 473, 1989 N.Y. App. Div. LEXIS 966 (N.Y. Ct. App. 1989).

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