People v. Montana

Appellate Division of the Supreme Court of New York

People v. Montana

130 A.D.2d 773, 515 N.Y.S.2d 726, 1987 N.Y. App. Div. LEXIS 46801

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

DecidedMay 26, 1987

StatusPublished

Cited by1 cases

This text of 130 A.D.2d 773 (People v. Montana) 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. Montana, 130 A.D.2d 773, 515 N.Y.S.2d 726, 1987 N.Y. App. Div. LEXIS 46801 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Weissman, J.), rendered March 8, 1984, convicting him of burglary in the second degree (three counts), attempted burglary in the second degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Defense counsel’s efforts on behalf of the defendant afforded him meaningful representation (see, People v Baldi, 54 NY2d 137). Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). As to the sentence we find that there has been no abuse of discretion (see, People v Suitte, 90 AD2d 80, 86). We have reviewed the defendant’s other contentions and find them to be without merit. Weinstein, J. P., Eiber, Spatt and Sullivan, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Weissman, J.), rendered March 8, 1984, convicting him of burglary in the second degree (three counts), attempted burglary in the second degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Defense counsel’s efforts on behalf of the defendant afforded him meaningful representation (see, People v Baldi, 54 NY2d 137). Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). As to the sentence we find that there has been no abuse of discretion (see, People v Suitte, 90 AD2d 80, 86). We have reviewed the defendant’s other contentions and find them to be without merit. Weinstein, J. P., Eiber, Spatt and Sullivan, JJ., concur.

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Bluebook (online)

130 A.D.2d 773, 515 N.Y.S.2d 726, 1987 N.Y. App. Div. LEXIS 46801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montana-nyappdiv-1987.

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