People v. Nuness

Appellate Division of the Supreme Court of New York

People v. Nuness

159 A.D.2d 970, 555 N.Y.S.2d 633, 1990 N.Y. App. Div. LEXIS 3262

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

DecidedMarch 16, 1990

StatusPublished

Cited by3 cases

This text of 159 A.D.2d 970 (People v. Nuness) 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. Nuness, 159 A.D.2d 970, 555 N.Y.S.2d 633, 1990 N.Y. App. Div. LEXIS 3262 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: Upon our review of the record we conclude that the identification evidence presented was legally sufficient and was supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Additionally, we find that defendant was provided meaningful representation (see, People v Baldi, 54 NY2d 137, 147). Trial counsel’s failure to preserve a Rosario issue (see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866) did not, standing alone, render counsel’s assistance ineffective (see, People v Montana, 71 NY2d 705, 709). (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, second degree.) Present — Denman, J. P., Pine, Lawton, Davis and Lowery, JJ.

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Judgment unanimously affirmed. Memorandum: Upon our review of the record we conclude that the identification evidence presented was legally sufficient and was supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Additionally, we find that defendant was provided meaningful representation (see, People v Baldi, 54 NY2d 137, 147). Trial counsel’s failure to preserve a Rosario issue (see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866) did not, standing alone, render counsel’s assistance ineffective (see, People v Montana, 71 NY2d 705, 709). (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, second degree.) Present — Denman, J. P., Pine, Lawton, Davis and Lowery, JJ.

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Bluebook (online)

159 A.D.2d 970, 555 N.Y.S.2d 633, 1990 N.Y. App. Div. LEXIS 3262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nuness-nyappdiv-1990.

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