People v. Melendez

Appellate Division of the Supreme Court of New York

People v. Melendez

301 A.D.2d 388, 752 N.Y.S.2d 859, 2003 N.Y. App. Div. LEXIS 100

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

DecidedJanuary 9, 2003

StatusPublished

This text of 301 A.D.2d 388 (People v. Melendez) 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. Melendez, 301 A.D.2d 388, 752 N.Y.S.2d 859, 2003 N.Y. App. Div. LEXIS 100 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered October 14, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94). The consistent testimony of the People’s main witnesses was corroborated by ballistics evidence.

The record establishes that defendant received meaningful assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714). Defendant’s ineffective assistance claim consists primarily of disparaging generalizations about counsel’s perfor[389]*389manee that lack support in the record. Concur — Buckley, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered October 14, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94). The consistent testimony of the People’s main witnesses was corroborated by ballistics evidence.

The record establishes that defendant received meaningful assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714). Defendant’s ineffective assistance claim consists primarily of disparaging generalizations about counsel’s perfor[389]*389manee that lack support in the record. Concur — Buckley, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 388, 752 N.Y.S.2d 859, 2003 N.Y. App. Div. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-melendez-nyappdiv-2003.

Opinion

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