People v. Nieves

Appellate Division of the Supreme Court of New York

People v. Nieves

15 A.D.3d 868, 789 N.Y.S.2d 590, 2005 N.Y. App. Div. LEXIS 1127

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 2005·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Niagara County Court (Amy J. Fricano, J.), rendered March 26, 1996. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [2]). Contrary to the contention of defendant, the verdict is not against the weight of the evidence on the issue of his identity as the shooter (see People v Robinson, 5 AD3d 1077, 1078 [2004], lv denied 2 NY3d 805 [2004]; People v Owens, 275 AD2d 905, 906 [2000], lv denied 95 NY2d 937 [2000]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Also contrary to the contention of defendant, he received meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]; People v Laraby, 4 AD3d 749, 750 [2004], lv denied 2 NY3d 802 [2004]). Present — Hurlbutt, J.P, Kehoe, Gorski, Pine and Hayes, JJ.

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Appeal from a judgment of the Niagara County Court (Amy J. Fricano, J.), rendered March 26, 1996. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [2]). Contrary to the contention of defendant, the verdict is not against the weight of the evidence on the issue of his identity as the shooter (see People v Robinson, 5 AD3d 1077, 1078 [2004], lv denied 2 NY3d 805 [2004]; People v Owens, 275 AD2d 905, 906 [2000], lv denied 95 NY2d 937 [2000]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Also contrary to the contention of defendant, he received meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]; People v Laraby, 4 AD3d 749, 750 [2004], lv denied 2 NY3d 802 [2004]). Present — Hurlbutt, J.P, Kehoe, Gorski, Pine and Hayes, JJ.

People v. Nieves, 15 A.D.3d 868, 789 N.Y.S.2d 590, 2005 N.Y. App. Div. LEXIS 1127 (N.Y. Ct. App. 2005).

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Opinion

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