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

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

DecidedFebruary 4, 2005

StatusPublished

Cited by1 cases

This text of 15 A.D.3d 868 (People v. Nieves) 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. 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

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.

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Bluebook (online)

15 A.D.3d 868, 789 N.Y.S.2d 590, 2005 N.Y. App. Div. LEXIS 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nieves-nyappdiv-2005.

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